San Jose Guardianship Lawyers

The best way to plan for incapacity and secure the well-being of minor children is through a comprehensive estate plan. If, however, you have a loved one who has become incapacitated and has not executed a durable power of attorney and advance healthcare directive, options still remain. At Temmerman, Cilley & Kohlmann, our conservatorship and guardianship lawyers in San Jose can help provide for the care of an incapacitated adult or minor child thorough a conservatorship or guardianship.

California guardianships

Normally, the parents of a minor child will designate a guardian to care for the child if the parents die or are incapacitated. They may also set up a trust to provide for the care of the child. If the parents die or become incapacitated, the court will normally defer to the nomination made by the parents in a petition for guardianship.

However, when there is no such estate plan in place, a California superior court must appoint a guardian of the person to have custody of the child. If that child has significant property, the court must also appoint a guardian of the estate to administer that property on behalf of the child. A person seeking to be the guardian of a minor child must, with the help of a San Jose guardianship lawyer, file a petition in a California superior court. The court schedules a hearing and may conduct an investigation to determine if the proposed guardian is fit to care for the child. The court only appoints an individual as a guardian if it is in the best interest of the child.

A guardianship attorney in San Jose knows the appointment process and can help potential guardians provide the court and investigating agency with all required information. A knowledgeable San Jose guardianship lawyer at Temmerman, Cilley & Kohlmann can help a potential guardian quickly navigate the guardianship process.

California conservatorships

A conservatorship is similar in many ways to a guardianship. However, while guardians are appointed for minor children, conservators are appointed for incapacitated adults. Because courts exercise a great deal of supervision over conservators, it is wise to avoid the potential need for a conservator through the use of a durable power of attorney and advance healthcare directive. However, as an individual cannot execute these documents after he or she is incapacitated, a conservatorship may be the only option in some circumstances.

Experienced conservatorship and guardianship attorneys in San Jose

The San Jose guardianship lawyers of Temmerman, Cilley & Kohlmann, LLP have experience helping clients deal with the multitude of legal issues that can arise concerning incapacitated adults and parents of minor children. Our San Jose conservatorship attorneys are also available to consult with clients at our offices—located at 2502 Stevens Creek Blvd., San Jose, California 95128—or at any other convenient location. Contact our office by phone at 925-529-3999 or contact Temmerman, Cilley & Kohlmann online today.