Top Fremont, CA Guardianship & Conservatorship Lawyers Near You
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101 E Vineyard Ave, Suite 201, Livermore, CA 94550
Other Nearby Offices
In Fremont, California, Family Law Group, Inc., a local practice, helps clients with their Guardianship & Conservatorship problem.
3900 Newpark Mall Road 3FL, Newark, CA 94560
Clients in the Fremont, California area who need legal help with Guardianship & Conservatorship issues can connect with CC LawGroup, A Professional Corporation.
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177 Bovet Road, Suite 600, San Mateo, CA 94402
1990 N California Blvd, Suite 1020, Walnut Creek, CA 94596
4900 Hopyard Road, Suite 260, Pleasanton, CA 94588
1290 B Street, Suite 118, Hayward, CA 94541
1655 N Main St, Suite 390, Walnut Creek, CA 94596
2193 Fillmore St, San Francisco, CA 94115
655 Montgomery Street, Suite 900, San Francisco, CA 94111
1999 Harrison Street, Suite 700, Oakland, CA 94612
50 California St, 21st Floor, San Francisco, CA 94111
4 Embarcadero Center, 27th Floor, San Francisco, CA 94111
19244 Redwood Rd Ste B, Castro Valley, CA 94546
111 Deerwood Dr, Ste 175, San Ramon, CA 94583
1 Front Street, Suite 3200, San Francisco, CA 94111
5700 Stoneridge Mall Rd, Suite 390, Pleasanton, CA 94588
2100 Embarcadero, Oakland, CA 94606
One Embarcadero Center, 32nd Floor, San Francisco, CA 94111
2033 N Main St, Suite 600, Walnut Creek, CA 94596
555 California Street, 27th Floor, San Francisco, CA 94104
600 Montgomery Street, Suite 3100, San Francisco, CA 94111
5700 Stoneridge Mall Rd, #230, Pleasanton, CA 94588
1333 North California Boulevard, Suite 450, Walnut Creek, CA 94596
1212 Broadway, 15th Fl., Oakland, CA 94612
1831 Solano Ave, Suite 7489, Berkeley, CA 94707
Fremont Guardianship & Conservatorship Information
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What Is the Difference Between Guardianship and Conservatorship?
In some states and under specific contexts, guardianship and conservatorship can be used interchangeably, but there are differences.
A guardian more commonly refers to someone who is appointed to care for a child or minor. Conservators typically tend to the affairs of an elderly or an individual who a court has determined is mentally incapacitated. Also, in a guardianship, the guardian is generally responsible for making health care and overall wellness decisions for their wards. The appointed conservator makes more financial decisions in a conservatorship, often regarding an estate or other assets.
What Kind of Lawyer Handles Guardianships and Conservatorships?
Lawyers who practice family law often handle guardianships, especially if they are temporary guardianships. On the other hand, lawyers specializing in estate planning usually manage conservatorships. Given that most conservatorships include fiduciary duties and other financial considerations, it makes sense to retain the services of an experienced estate planning lawyer for conservatorships.
How Can You Cancel a Guardianship or Conservatorship?
Terminating a guardianship can be a lengthy and involved process. First, you’ll need to file the appropriate paperwork with the court, including a petition to terminate the guardianship and either a citation or notice of hearing. The citation is typically used if the subject of the guardianship is living, and the notice if the subject is deceased. You’ll also need to gather relevant documents, such as doctor’s notes, state-level guardianship documents, and in some cases, a final accounting.
Legal documents are served to the subject of the guardianship, their new guardian(s), the subject’s relevant relatives, and the subject’s attorney. These documents should be sent via certified mail with a return receipt. A court hearing will typically follow.
In a conservatorship, a conservatee can petition the court to terminate the arrangement if they can prove that they are of sound mind or their existing conservator is acting against their best interests. You can also cancel a conservatorship by natural courses such as the death of the conservatee, discharge of their estate, or by the conservator relinquishing their position.
How Can You Get a Guardianship or Conservatorship in California?
Any person who requires guardianship or conservatorship can make a request. If this is the case, you’ll need a lawyer for the legal proceedings, especially if the guardianship or conservatorship is contested.
Attorneys specializing in elder law, guardianship, or estate planning can help if you need to file or defend yourself against a guardianship or conservatorship. In cases where a conservatorship is contested by one side or the other, options such as a revocable trust (or living trust, where provisions remain alterable by the granter of the trust) may also be considered. Regardless, you’ll need to be sure to file all necessary paperwork. The LawInfo directory can help you find Guardianship lawyers near you in Fremont.
Getting a guardianship is also fairly simple if all parties agree. You’ll usually need a letter of consent from both parents and a filing fee. Interviews will likely occur between all parties, including the child, adult, or senior becoming a ward, their parents or next of kin, and the potential guardian or guardians. You might also need a criminal background check and a home inspection before the court agrees to grant guardianship.