GUARDIANSHIP & CONSERVATIONSHIP

If you are concerned about the health, safety and welfare of a loved one, you may be in a position to make his or her life more secure. If you feel comfortable with the idea of assuming legal authority over a minor or a vulnerable adult and believe that person would benefit from your assistance, we can help.

The Law Offices of Steven E. Springer assists clients throughout Santa Clara and Alameda counties to establish guardianships and conservatorships when such arrangements are necessary for a loved one’s protection. With more than 30 years of combined family law practice, our attorneys can provide you with the reliable advice and effective advocacy you need to establish yourself as a guardian or conservator.

GUARDIANSHIPS TO PROTECT MINORS

There are a variety of circumstances that create the need for a child to have a guardian. One or both parents may:

• Have a serious physical or mental illness

• Be deployed overseas in the military

• Need to enter a rehabilitation program

• Be sentenced to time in jail

• Have a substance abuse problem

• Be verbally, physically or sexually abusive

CALIFORNIA RECOGNIZES TWO TYPES OF PROBATE GUARDIANSHIP:

Guardianship of the person — You assume parental responsibilities for a child’s health, safety and welfare. You become responsible for providing a safe and loving environment for the child until the parents are ready to resume their responsibilities or the child reaches the age of majority. An interested party may petition to end the guardianship at any time.

Guardianship of the estate — You are awarded the authority to manage a child’s assets and property until the child reaches the age of majority. This is necessary when a child receives a large inheritance or has a career that generates significant income.

CONSERVATORSHIPS FOR ADULTS

Like guardianships, a conservatorship can be “of the person” or “of the estate.” The court makes these appointments when a formerly independent adult suffers a lack of capacity due to age, illness or declining health. A conservator assumes responsibility for decisions relating to the adult’s medical care and/or finances. In our estate planning practice, we often encounter disputes over conservatorships, as various relatives vie for a position of influence over an elderly benefactor. Our attorneys can help you render the care your loved one deserves while guarding against allegations of undue influence or violations of fiduciary duty.