The best way to plan for incapacity and secure the well-being of minor children involves a comprehensive estate plan. However, you may have an elderly loved one who has become incapacitated and not executed:

  • A living trust
  • Durable power of attorney
  • Advance health care directive.

Options still remain though. At Temmerman, Cilley & Kohlmann, LLP, our San Jose Conservatorship & Guardianship Attorneys help provide for the care of incapacitated adults or minor children throughout:

  • Fremont, Walnut Creek and Danville
  • Santa Clara, San Mateo Alameda
  • Contra Costa, Santa Cruz and Monterey
  • San Francisco, and other counties

California Conservatorships

A conservatorship in California results from a court case where the judge appoints a responsible adult or organization, called a conservator, to care for an incapacitated adult. The caretaker is referred to as a conservator. The incapacitated adult is called a conservatee. The conservatee is often elderly and cannot care for themselves or manage their finances.

To obtain a conservatorship over the incapacitated adult, a person must file a petition with the court. A Danville Conservatorship & Guardianship Attorney may be able to helpNumerous interested persons may petition for conservatorship:

  • Proposed conservatee
  • Proposed conservator
  • Spouse
  • Domestic partner
  • Relatives or friends
  • Interested state and local agencies
  • Other interested parties

After a petition is filed, the court schedules a hearing and conducts an investigation into whether the proposed conservatorship is necessary. The judge appoints:

  • A conservator of the person to be responsible for the conservatee’s care and protection
  • And/or a conservator of the estate to be responsible for the conservatee’s finances.

Because courts exercise a great deal of supervision over conservatorships, you should try to avoid the potential need for a conservatorship. You may achieve this via the use of a durable power of attorney for financial matters and advance health care directive. However, as an individual cannot execute these documents after they are incapacitated, a conservatorship may be the only option.

A Danville Conservatorship & Guardianship Attorney at Temmerman, Cilley & Kohlmann, LLP knows the process. We can help potential conservators, conservatees, and other interested parties quickly navigate or avoid, when possible, the conservatorship process. To learn more about conservatorships, please see Options for People Who Are Incapacitated.

California Guardianships

A guardianship is similar in many ways to a conservatorship, but they are appointed for minor children. Normally the parents of a minor child nominate a guardian  for if the parents die or become incapacitated. They may also set up a trust to provide for the care of the child. A trust or guardianship attorney in Danville can provide more insight into this. If the parents die or become incapacitated, the court normally defers to the nomination they made when appointing a guardian.

However, if no such estate plan in place, a California superior court must exercise its independent judgment. It appoints:

  • A guardian of the person to have custody of the child
  • A guardian of the estate to administer any significant property.

The court only appoints an individual as a guardian if it is in the best interest of the child. A knowledgeable Danville guardianship lawyer can help potential guardians provide the court and investigating agency all required information. We also do what we can to protect the interests of the child.

Danville Conservatorship & Guardianship Attorney providing solutions for incapacity

Our Danville Conservatorship & Guardianship Attorneys have experience helping clients deal with legal issues relating to incapacitated elderly adults and parents of minor children. Our San Jose guardianship attorneys are available to consult with clients at our offices located at:

  • 2502 Stevens Creek Boulevard, San Jose, CA 95128
  • 140 Town and Country Dr, Danville, CA 94526
  • Or at any other convenient location.

Call our San Jose office at 408-290-7210 or our Danville office at 925-233-4399 or contact Temmerman, Cilley & Kohlmann, LLP online today.