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Guardianship & Conservatorship

Compassionate Help in Caring for Loved Ones

Caring for loved ones who are not capable of caring for themselves is a delicate family issue. At Schmiesing, Blied, Stoddart & Mackey, our lawyers treat the issues of guardianship and conservatorship with the delicacy and respect they require.

When you need help establishing a formal legal relationship to ensure an elderly family member, an ill person or a child is properly cared for, contact us at our main office in Santa Ana, California.

Taking Responsibility for an Incapacitated Person

Conservatorship is a legal relationship created by the court in which one person is appointed to care for the affairs of another who is suffering from diminished capacity.

A conservatorship is frequently, but not exclusively, a matter of elder law: it can serve as means of protecting from abuse individuals who — due to age and illness — lack the ability to fully care for themselves.

The court may establish a conservatorship over the person, giving the conservator responsibility for the physical care, health care and custody of the ward, and/or over the estate, giving the conservator the responsibility of managing the ward's finances.

Ideally, a person who is concerned about eventual loss of capacity could use the mechanism of a trust and/or power of attorney to avoid conservatorship, which is imposed by and subject to the oversight of the court.

A conservatorship can also be established over someone who is suffering from mental illness, drug abuse or some other incapacitating factor. Contact us to learn more about the criteria for a conservatorship and the process involved.

Ensuring Care for Children and Their Finances

In California, guardianship is the legal relationship between a minor child (person under 18) and a guardian who has been appointed to ensure that the child is cared for. It is similar to conservatorship in many respects.

These days, many grandparents are the primary caregivers for their grandchildren, and similar relationships exist between other family members and children. Guardianship legally formalizes the caregiving responsibility that has been taken on without completing a full-blown adoption.

If a child inherits a large amount of money that is not administered through a trust, the situation may also necessitate a guardianship to oversee those assets until the child reaches adulthood.

Office Locations

Main Office
Central Orange County
400 North Tustin Ave Suite 290
Santa Ana, CA 92705
Toll-Free: 800-678-6811
Fax: 714-263-0827
Map & Directions

Satellite Offices
(By Appointment Only)
North Orange County Office
2260 North State College Blvd
Fullerton, CA 92831
Map & Directions

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  1. disclaimer.

At Schmiesing, Blied, Stoddart & Mackey, we represent clients in Santa Ana, California, and throughout Southern California, including the cities of Irvine, Newport Beach, Anaheim, Los Angeles, Fullerton, Fountain Valley, Yorba Linda, Mission Viejo and Brea; and other locations in Orange County, the Inland Empire, the Coachella Valley, Riverside County, San Bernardino County, San Diego County and Los Angeles County.