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Conservatorships & Guardianships

When it comes to estate planning, Gilfix & La Poll believes in being proactive. Taking care of essential business today allays the need for contingencies in the future. Unfortunately, sometimes pivoting to “Plan B” is unavoidable. Such is often the case when circumstances like an injury or health event in which you become incapacitated occurs before you are able to sign an Advance Health Care Directive or Durable Power of Attorney. Though we primarily recommend using either of the aforementioned tools as necessary, it is sometimes necessary to go to court to establish a conservatorship. “Conservatorship” is referred as “Guardianship” in most other states. In California, guardianship refers only to court appointment of someone to represent and protect a minor child.

If an individual is unable to manage his life because of physical or mental limitations, a conservatorship may be needed. It is typically avoided when Advance Health Care Directives and Durable Powers of Attorney were previously signed. In the case of a minor, a "guardianship" is established instead of a conservatorship. Conservatorships and guardianships are court proceedings in which a judge appoints a person to make financial and health care decisions for an incapacitated person.

Planning For You, Your Loved Ones and Your Children

If you or a loved one are unable to manage the copious responsibilities of your life due to physical or mental limitations, a conservatorship may be needed to manage your assets and make decisions on your behalf. In plain terms, conservatorships are proceedings conducted in court wherein a judge appoints another person to make financial and health care decisions on behalf of a person who is unable to do so for himself. Though we hope this would never be you or someone you love, we are available to help in these situations and create the best possible outcome under the worst possible circumstances.

Likewise, if minor children are involved, we can aid in establishing a guardianship if both parents, due to death or other circumstances are unable to provide a secure and safe home. This type of arrangement permits the guardian to make decisions for the child as well as access services their behalf. A guardianship can also assign custody of the child until there are of legal age to care for themselves and conduct their own business.

Both conservatorships and guardianships can be costly and time-consuming. They should typically be considered as a last resort when an Advance Health Care Directive or Durable Power of Attorney has not been properly created. Gilfix & La Poll, however, will obtain conservatorships when necessary for an individual’s protection and well-being.

Helping families with conservatorships & guardianships in San Jose, Cupertino, Mountain View, Los Altos, Menlo Park, San Mateo, Fremont, Palo Alto, Santa Cruz, Santa Clara County, Alameda County, and San Mateo County.