Clients also rely on us to address immediate family care needs, which may arise when a family member becomes incapacitated or disabled, or when a child is born with disabilities. We possess the legal skill, foresight, and compassion to effectively provide legal services to people and families with special needs.
Dealing with issues of guardianship is difficult and emotionally challenging. When you work with the team at the Law Offices of Andrew Cohen, you are getting an ally as you work through this difficult period.
A guardianship is a legal means of protecting children under the age of 18. There are two types of guardianships:
A court in California is only going to establish a guardianship if it is in the best interest of the child. This will be determined by examining several factors, such as:
Guardianships for minors are created for various reasons. Some of the most common situations in which guardianship may be established include if the minor’s parents have abandoned the child if the child’s parents have passed away, or when the parents are incapable of providing proper care for their child. Often, the legal guardian maybe a family member or family friend, or another person that the court thinks will act in the best interests of the minor.
As mentioned above, the person who is reported as a minor’s legal guardian could have various aspects of control over the physical custody and/or legal decision making of the child.
A conservatorship is a court proceeding where a judge determines that an adult is unable to care for his or her personal well-being or finances. When this occurs, the judge will appoint a conservator to handle the person’s care and/or finances. Similar to guardianship, there are two types of conservatorships- conservatorship of the person, and conservatorship of the estate. We have helped many families establish beneficial and secure guardianship and conservatorship arrangements that ensure the safety and wellbeing of loved ones with special needs.
A conservatorship is similar to a guardianship, though a conservatorship specifically refers to protecting the interests of an elderly person or incapacitated adult. Because the creation of a conservatorship may deny an individual of some of their personal rights, the courts must always be involved in these cases.
An individual has the right to be notified and be represented by an attorney before a conservatorship proceeds. The individual that is to be placed under the conservatorship has the right to attend any hearings, confront witnesses, and present evidence on their behalf. If the court does grant a person conservatorship over another individual, then the conservator is strongly encouraged to respect the ward’s wishes and autonomy as much as possible, given the facts of the situation.
Conservatorships can be terminated in the event the court determines that an adult is able to re-establish control over their finances and/or estate.
The Law Offices of Andrew Cohen is committed to assisting families who seek to protect their assets and the security of their loved ones. Please contact our offices in Valencia for a free initial consultation regarding estate planning and present and future family care. When you need a Santa Clarita estate planning attorney, you can contact us for a free consultation of your case by clicking here or calling 661-481-0100.