Conservatorship & Guardianship AttorneyCA Bar #249708Chatsworth · Northridge · SFV
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LAESQUIRE — Conservatorship & Guardianship

Conservatorship &
Guardianship in California.

When a loved one can no longer make safe decisions — or when minor children need legal protection — a conservatorship or guardianship provides court-supervised authority to protect them. LAESQUIRE establishes, defends, and administers these proceedings for families in Chatsworth, Northridge, Porter Ranch, Granada Hills, Woodland Hills, West Hills, Simi Valley, and across the San Fernando Valley.

Understanding Conservatorship

When does a conservatorship become necessary?

A conservatorship is a legal proceeding initiated when an adult can no longer make or communicate safe or sound decisions about their person and/or assets — due to dementia, mental illness, developmental disability, or other mental impairment. The individual may also have become vulnerable to fraud, undue influence, or exploitation by scam artists or identity thieves.

Conservatorship provides legal authority and court-supervised protection for adults who cannot protect themselves. When a person is unable to make informed decisions for themselves — whether about healthcare or finances — someone else must have legal authority to assume responsibility.

Types of conservatorship in California

Conservatorship of the Person

Grants authority to make personal decisions — including where the conservatee lives, with whom they associate, what medical care they receive, and their day-to-day personal needs.

Conservatorship of the Estate

Grants authority to manage financial affairs — including collecting income, paying bills, investing assets, filing tax returns, and managing property on behalf of the conservatee.

The conservatorship process

A conservatorship can only be established through a court hearing where evidence is presented that the person lacks mental capacity in some or all areas of their life. The person alleged to be incapacitated has a right to an attorney and to object to the appointment.

Once appointed, a conservator or guardian has significant powers but must report to the court regularly. They frequently must seek court permission before selling property, entering into contracts, or making major life decisions for their ward.

Conservators and guardians are typically required to post a bond, file an inventory and appraisal of the estate, and submit annual accountings of all financial activity. Courts take these obligations seriously — mismanagement can result in removal and personal liability.

Alternatives to conservatorship

Conservatorship is often avoidable with proper advance planning. A Durable Power of Attorney allows you to designate someone to manage your finances. A Healthcare Power of Attorney and Advance Directive designate a healthcare agent. A properly funded living trust with successor trustee provisions allows the trust to continue managing assets seamlessly if you become incapacitated — without court involvement.

Every adult who does not want a stranger appointed to control their life and finances should have a complete estate plan. Conservatorship proceedings are public, costly, time-consuming, and agonizing — all of which are avoidable with proper planning.

If conservatorship has already become necessary

We have substantial expertise in establishing, defending, and administering guardianships and conservatorships. Whether you need to petition the court to protect a vulnerable family member, defend against an inappropriate appointment, or navigate the administration of an existing conservatorship — LAESQUIRE can help.

Protecting Your Minor Children

Did you know that if something happens to you — through incapacity or death — and you have not appointed guardians for your minor children, they may be sent to child services? The courts will then decide who raises your children, and anyone can apply for guardianship.

The LAESQUIRE Legally Protected Children's Package ensures your children are never left unprotected. Included documents:

  • Appointment of Temporary Legal Guardians
  • Appointment of Permanent Legal Guardians
  • Medical Health Care Power of Appointment for the Minor Child
  • HIPAA Authorization for the Minor Child
  • Instructions to Permanent Legal Guardians
  • Instructions to Babysitters
  • Emergency Family Cards

Note: A will only appoints permanent guardians — not temporary ones. Even with a will, your children are vulnerable during your incapacity. The Legally Protected Children's Package closes this gap.

Protect Your Children Now →
We Can Help

Navigating conservatorship or trying to avoid it?

Whether you need to establish a conservatorship to protect a vulnerable loved one, defend against an inappropriate petition, or build an estate plan that prevents court involvement entirely — LAESQUIRE serves families throughout the San Fernando Valley.

📞 818-714-1789

Disclaimer: This page provides general information and does not constitute legal advice. No attorney-clien