It’s easy to confuse guardianships and conservatorships because the meaning of the terms varies from state to state. It’s important to understand the differences between a conservatorship and a guardianship and the different legal processes that come with each. Depending on your situation, one arrangement will likely be more suitable than the other.
A conservatorship provides an adult with the legal authority to make financial decisions on behalf of another adult who has mental or physical limitations or an estate. This arrangement is most common for elderly adults or those with disabilities.
Meanwhile, adult guardianship grants an adult legal authority to make day-to-day decisions for incapacitated adults, operating similarly to a conservatorship. The guardian can be a guardian of the person or the estate.
In both conservatorships and guardianships, a person can be a conservator or guardian of a person or of an estate. A conservator or guardian of a person is responsible for making medical and personal decisions for their conservatee or ward. Meanwhile, a conservator or guardian of an estate only handles financial matters.
In the event that an adult is, or suddenly becomes, incapacitated, a conservatorship can be helpful for giving a trusted individual control over their affairs. A skilled conservatorship attorney can provide guidance on the type of conservatorship that would be the most beneficial for the situation and how to navigate the process of establishing one.
In some circumstances, elderly individuals may struggle to make financial decisions on their own due to age or mental incapacity. A conservator or guardian provides support in making these decisions with the best interest of these individuals in mind. A conservatorship attorney will be able to provide guidance in navigating the steps to establish a conservatorship that promotes the individual’s well-being.
In a conservatorship or guardianship, disputes may arise surrounding a range of potential concerns. For example, there may be disagreements around the distribution of the vulnerable individual’s assets among heirs or surrounding the actions of the conservator or guardian. A conservatorship or guardianship attorney can offer representation in either defending against or establishing the legitimacy of disputes.
From understanding the responsibilities of a conservator/guardian to managing the documentation required by the court, conservators/guardians must consider several important factors to remain aligned with the law. It can be difficult to navigate these processes alone. At RMO Lawyers, we can offer our legal expertise to support conservators/guardians and other interested parties in sustaining a successful arrangement.
Conservators/guardians must report back to the court periodically to demonstrate that they are acting within the conservatee’s best interests and not taking advantage. The conservatorship attorneys of RMO Lawyers can assist in gathering the appropriate documentation and preparing to go before the court.
Navigating a conservatorship or guardianship? RMO attorneys provide personal and efficient legal services for contested conservatorship and guardianship matters in California and Texas.
From obtaining a conservatorship or guardianship to terminating one of these arrangements, there are many matters where an attorney can be helpful in supporting vulnerable individuals and their loved ones. We assist clients in all of the following conservatorship and guardianship matters and more in California and Texas.
At RMO Lawyers, our litigation team provides support in all the following scenarios.
To establish a conservatorship or guardianship in California or Texas, specific legal procedures must be followed. RMO Lawyers can guide you through each step:
Because the duties of conservators and guardians can be time-consuming and complicated, a conservatorship or guardianship attorney will be appointed. This may be the best choice in many cases because conservators and guardians will need to attend court hearings, keep detailed records, and file papers with the court on a regular basis.
Conservators and guardians are reimbursed for any expenses they incur, as well as being paid for the services they render. Payments come from the assets of the person they are taking care of and must be deemed reasonable by the court.
A conservator or guardian must keep performing their duties until released by the court through an order ending their responsibilities. This will generally happen with the conservatee or ward dies, no longer needs assistance, or if their assets have been depleted to the point they can no longer sustain the expenses associated with a conservatorship or guardianship.
At RMO Lawyers, we have experience in supporting several different interested parties surrounding conservatorship or guardianship in California and Texas. Our conservatorship and guardianship attorneys support clients in a variety of circumstances in navigating these legal arrangements.
A conservator or guardian is a person appointed by the court to make financial or medical decisions on behalf of a conservatee or ward when they struggle to provide care for themselves. Our team of conservatorship lawyers provide support for conservators and guardians in navigating the necessary legal procedures to ensure the best interests of the conservatee.
A private professional fiduciary is a licensed, third-party professional who can be appointed as a conservator when family dynamics make it difficult to appoint family members. As with any conservatorship, the professional is expected to act within the best interests of the conservatee. The conservatorship attorneys of RMO Lawyers provides representation for navigating the legal processes of a conservatorship or offer defense in the event of accusations of wrongdoing.
If an adult has a trust, a trustee is the person responsible for managing the trust’s assets. A trust document can defeat the need for a conservatorship of the estate, or the trustee may have priority to act as the conservator. Our team of conservatorship and guardianship attorneys can support trustees in navigating legal processes or disputing claims of breach of fiduciary duty.
Answers to common questions about conservatorships & guardianships, helping you better understand your rights and the legal processes involved in protecting your interests.
Many families ask us when a guardianship or conservatorship is necessary. While this answer varies from individual to individual, it typically becomes necessary when an individual lacks the capacity to make or communicate responsible decisions about their finances or personal care.
When age-related decline, such as dementia, Alzheimer’s, or other age-related illnesses, makes it challenging for them to manage their personal and financial affairs, it may be time to consider a guardianship or conservatorship.
Meanwhile, if there are concerns about financial elder abuse or the individual is susceptible to manipulation or exploitation, guardianship or conservatorship may be necessary to protect their interests and assets.
If you are wondering if your loved one needs guardianship or conservatorship, schedule a consultation today.
In both conservatorships and guardianships, an individual may serve as a conservator or guardian of either a person or an estate. A conservator or guardian of a person is tasked with making medical and personal decisions for their conservatee or ward. In contrast, a conservator or guardian of an estate is solely responsible for managing financial matters.
If you’re uncertain about the distinctions between these arrangements and which one best fits your needs, seeking advice from an attorney experienced in both can offer valuable guidance. Schedule a complimentary consultation with RMO Lawyers to assess your situation and determine the most appropriate option for you.
Rules pertaining to who can petition for guardianship or conservatorship vary depending on the jurisdiction, but typically, the following individuals may be able to:
Others can petition, but the process is very involved and requires the utmost dedication to the incapacitated person’s best interests. Consulting with an attorney experienced in guardianship and conservatorship proceedings can provide valuable guidance and assistance throughout the process.
Getting a conservatorship can be a complex, time-consuming, and expensive legal process, especially if there is disagreement among family members or questions about the proposed conservatee’s capacity. Courts take conservatorship seriously because it involves removing a person’s legal rights, so strong evidence must be presented to prove that the individual is unable to manage their personal or financial affairs.
Here are some key steps involved in obtaining a conservatorship:
1. Filing a petition with the court and notifying all interested parties.
2. Obtaining a medical evaluation or other documentation showing the person’s incapacity.
3. Attending a court hearing, where a judge will decide if conservatorship is necessary.
4. Undergoing an investigation by a court-appointed investigator who interviews all parties involved.
Disputes or lack of clear evidence can make the process more difficult, so it’s often best to consult with an experienced conservatorship attorney in California or Texas.
In California, a person may qualify for conservatorship if they are unable to manage their personal needs (such as food, shelter, or medical care) or finances due to physical or mental limitations. This can include elderly individuals with dementia, adults with serious mental illnesses, or people with developmental disabilities.
There are two main types of conservatorship:
• Conservatorship of the Person: For individuals who cannot care for their own health, safety, or daily needs.
• Conservatorship of the Estate: For individuals who cannot manage their financial affairs or assets.
To qualify, the court must determine that the person lacks the capacity to make decisions on their own and that a conservatorship is the least restrictive option available. A court investigation and medical documentation are typically required to support the case.
Yes, in Texas, you are legally required to hire an attorney to file for guardianship. This requirement exists because guardianship proceedings involve representing the interests of another person (the proposed ward), which constitutes the practice of law. Therefore, only a licensed attorney can file the necessary legal documents and represent the case in court on behalf of someone else .
The guardianship process in Texas typically involves the following steps:
1. Hiring an attorney experienced in guardianship matters.
2. Filing an application for guardianship with the appropriate court.
3. Providing a physician’s certificate of medical examination (CME) to establish the proposed ward’s incapacity.
4. Notifying interested parties, including the proposed ward and their relatives.
5. Attending a court hearing, where a judge will determine if guardianship is necessary and appropriate.
Given the complexity of the process and the legal requirements involved, consulting with an experienced attorney is essential when seeking guardianship in Texas.
Guardianship can provide necessary protection for individuals who cannot care for themselves, but it also has significant downsides. One of the biggest concerns is the loss of personal autonomy. Once a guardian is appointed, the person (called the ward) loses the legal right to make decisions about their own life, including finances, medical care, and living arrangements.
Other potential downsides of guardianship include:
• Cost: Legal fees, court costs, and ongoing reporting requirements can be expensive.
• Court supervision: Guardians must regularly report to the court, which can be time-consuming.
• Risk of abuse or neglect: If a guardian is not properly monitored, there is potential for exploitation.
• Family conflict: Guardianship proceedings can lead to disputes among family members, especially if they disagree about what’s best for the ward.
Because of these concerns, courts often look for less restrictive alternatives before approving guardianship, such as powers of attorney or supported decision-making.
The cost of obtaining legal guardianship in California varies based on the type of guardianship and additional services required. The standard court filing fees are:
• Guardianship of the Person: $225
• Guardianship of the Estate: $450
• Guardianship of Both Person and Estate: $435
These fees can be higher in certain counties due to local surcharges.
Additional costs may include:
• Attorney Fees: Hiring an attorney can vary significantly depending on the complexity of the case.
• Court Investigator Fees: The court may charge for investigations required during the guardianship process.
• Service and Notification Fees: Costs associated with notifying interested parties and serving legal documents.
It’s advisable to consult with a guardianship attorney to understand the full scope of potential costs and available financial assistance.
Insights and advice on conservatorships and guardianships from our blog.
Key Takeaways Introduction Whether a person experiences mental incapacity or has a temporary travel arrangement, there are many situations that can arise and prevent [...]
Key Takeaways Introduction Whether a person experiences mental incapacity or has a temporary travel arrangement, there are many situations that can arise and prevent […]
LOS ANGELES – June 27, 2020 – A Los Angeles judge granted temporary conservatorship to help relatives stop a family member who was losing [...]
LOS ANGELES – June 27, 2020 – A Los Angeles judge granted temporary conservatorship to help relatives stop a family member who was losing […]
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. [...]
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. […]
Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged [...]
Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged […]
Do you have a loved one who is having trouble handling their financial affairs or are struggling to manage their food and healthcare. If [...]
Do you have a loved one who is having trouble handling their financial affairs or are struggling to manage their food and healthcare. If […]
What is the definition of conservatorship? When a person can no longer take care of themselves when it comes to finances and health care, [...]
What is the definition of conservatorship? When a person can no longer take care of themselves when it comes to finances and health care, […]
A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.
Please note that communications by you to RMO LLP or any of its lawyers through this website do not create an attorney-client relationship between you and the firm. Do not send any privileged or confidential information to the firm through this website or otherwise until instructed in writing from us to do so.
Help us to understand your needs
