Guardianships

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Establish a Guardianship of the Person: $399.00
Establish Guardianship of the Person and Estate: $499.00
Establish a Conservatorship of the Person: $499.00
Establish a Conservatorship of the Person and Estate: $650.00
Ex Parte (Emergency) Letters of Guardianship/Conservatorship: (add $175.00)
Terminate a Guardianship: $275.00

Our services always include:
Interview and gathering of data from client
Preparation of all standard legal documents (no additional or hidden costs)
Free preparation of court fee waiver forms for qualified individuals
Processing/filing of documents with appropriate court
Unlimited Telephone calls
Coordination of service of process (if appropriate)
Client copies of documents
Unlimited access to your court case docket
Free comprehensive Legal Guide regarding your proceeding

Fees are for Document Preparation only and do not include any filing fees or other costs
All services include a free, comprehensive, attorney-authored LEGAL GUIDE specific to your particular matter

IT IS ALWAYS RECOMMENDED THAT YOU SEEK LEGAL ADVICE FROM AN ATTORNEY
BEFORE FILING ANY LEGAL DOCUMENTS. MANY ATTORNEYS OFFER FREE CONSULTATIONS.

INFORMATION ON GUARDIANSHIPS: Please note - all information provided through this site has been taken from self-help Nolo Press publications and/or Self-help Informational booklets provided by the Court. This information is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice.

Difference between a Conservatorship and a Guardianship

Guardianship: Many people confuse Guardianships and Conservatorships. A guardianship establishes an adult who is responsible for a minor child. A guardianship cannot be established for an adult who cannot take care of themselves. A Guardianship is a court process whereby the judge gives someone that is not the child's parent custody of the child or the right to control the child's property, or both. To become a guardian, you must file a petition, and the court has to approve it.

In most situations, California law requires that minors have an adult who is responsible for them. If the court orders guardianship, it can be:

Guardianship of the child's person (custody);

Guardianship of the child's property (called "estate"); or

Both.

A Guardian of the minor’s PERSON has legal custody of the minor and is responsible for taking care of the minor’s well being. A guardianship of the minor’s ESTATE is necessary if the minor has substantial assets, such as an inheritance. Depending on you situation, you may need a guardianship of the minor’s person, estate or both.

A court-ordered guardianship is legal recognition that an adult has responsibility for taking care of the physical needs of a minor, or for handling the minor’s assets. A legal guardianship cannot be established informally nor does it becomes automatic if you are named in a deceased parent’s will. In California, you must file legal documents with a court, appear in a court hearing and be appointed guardian by a judge. If the court chooses you to be a child's guardian, you'll take on important jobs and obligations. Because you will be responsible to the court for your actions, you must understand your job and responsibilities as a guardian. A clear description of a guardian’s responsibilities and duties are outlined in the Guardianship pamphlet published by the Judicial Council of California.

Once appointed, you must serve as guardian until you are legally released by the court from you duties. This could be when the minor reaches age 18 or earlier if the court terminates the guardianship. There may be other alternatives to allow you to care for a minor without getting a formal legal guardianship. Special Caregiver and Guardianship Authorization forms and other statements can be prepared an notarized which can give a non-parent a broad range of responsibility for a minor, such as to obtain benefits and apply for health insurance, authorize medical care or enroll the minor in school.

Conservatorship: A conservatorship allows an adult to legally care for another who is unable to care for himself. In California, a conservatorship may be established for adults and in some instances married or divorced minors. A Conservatorship is a court process whereby the judge gives an individual the right to control another adult, their property, or both. To become a conservator for another individual, you must file a petition and the court has to approve it.

f the court orders a conservatorship, it can be:

of the person;

of the person’s estate (their property); or

both

The Conservatee's Rights
A conservatee does not lose all rights. They can still have a say in important decisions. They have the right to:

Be treated with understanding and respect;

Have their wishes considered; and

Be well cared for by you.

In general, conservatees keep the right to:

Control their own salary;

Make or change their will;

Get married;

Get mail;

Have a lawyer;

Ask a judge to change conservators;

Ask a judge to end the conservatorship;

Vote, unless a judge says they're not able to;

Control personal spending money if a judge says they can have an allowance; and

Make their own healthcare decisions, unless a judge gives that right to a conservator.

A Conservator of the PERSON is responsible for making sure that the conservatee has proper food, clothing, shelter and health care. The conservatee may live with the conservator or elsewhere.

A Conservator of the ESTATE is necessary if the conservatee has substantial assets and income who cannot manage them alone, or when the conservatee is susceptible to being taken advantage of financially by others. Depending on your situation, you may need a conservatorship of the person, the estate of both.

A California conservatorship must be formally established and ended by a court. After documents have been filed with the court, a court investigator conducts an investigation, a hearing date is set and a judge decides whether to appoint a conservator. During the conservatorship, a conservator must periodically give the court information about what assets are in the estate and how they are being handled. A clear description of a conservator’s responsibilities and duties are outlined in the Conservatorship Handbook published by the Judicial Council of California.

Filing Your Proceeding Using our Self-Help Services:

In view of the voluminous paperwork required by the court, preparing all of the necessary Guardianship and/or Conservatorship documentation can easily be overwhelming for the average lay person. For routine proceedings, this process can easily be facilitated with the assistance of a registered Legal Document Assistant.

Our services include the preparation and court processing of your court documents and scheduling of the required hearings. In addition, our office offers a comprehensive self-help library which is available to all clients during document preparation services performed in our office as well as a complimentary attorney-approved self-help booklet pertaining to your particular type of proceeding. To proceed with your document preparation, click on the link below.