Understanding What Guardianship and Conservatorship Can Do for Your Loved One


When you see a family member or close relative who cannot sufficiently care for themselves or their finances, it can be extremely painful to stand by and do nothing. Fortunately, in the state of California, you can file for probate guardianship and conservatorship. This court-appointed role allows you to make medical and financial decisions on behalf of another adult who is unable to sufficiently handle their own personal care or financial affairs. Attorney Drummond T. McCunn has successfully represented clients in a wide range of cases including guardianships and conservatorships. He can help you file the appropriate forms and build a compelling case that appropriately illustrates your reasons for seeking conservatorship. If you would like to pursue this legal option, call our Granite Bay, CA, law office at (916) 773-6100 or request a consultation online

Man holding elderly woman's arm

We understand you might feel overwhelmed, and can guide you in the best way to take control of your loved one's finances and more. 

Situations Where You Might Seek This Option 

Many clients seek probate conservatorship when they need to assist another adult who cannot care for themselves or their financial affairs. This usually occurs if the person is suffering an illness or injury that makes it impossible for them to manage their personal affairs. 

Seeking guardianship and conservatorship can be a complicated process. A lawyer can provide extremely valuable assistance that can ultimately affect the outcome of your case. 

In order for that person to be deemed incapacitated, the court will need to hold a hearing to determine whether a guardian or conservator needs to be appointed. If someone is chosen as a guardian or conservator, the incapacitated party will be legally recognized as the ward. 

If the incapacitated person is able to care for themselves but not care for their finances, you may be granted conservatorship of the person and the estate. If they do not have any financial assets but still need a responsible party to make decisions on their behalf, you might only need to be a conservator of their person. 

Are You an Eligible Conservator? 

In order to become a conservator, you will need to be a responsible, qualifying adult. In most cases, the court only appoints the role of conservator to family members such as a spouse, adult offspring, parent, sibling, or another legally appointed guardian. 

What to Expect Throughout the Process 

Filing for conservatorship is a delicate, complex process. An attorney can ensure that you follow the correct steps to reach a satisfying resolution for all family members involved. Although the exact details of your case will vary depending on your unique circumstances, your case will generally follow a series of steps, including: 

  • Filing the Appropriate Forms: An attorney can help you fill out and file the appropriate documentation, which varies depending on the type of conservatorship you are pursuing and various other circumstances. Failing to fill out your forms correctly will require you to fill them out again, prolonging the resolution of your case. 
  • Serving the Forms: Certain family members, including parents and children, will need to be given notice that you are filing for conservatorship. Because these papers must be "served" by someone other than yourself, an attorney can help you successfully meet the requirements for this step. 
  • Attending the Hearing: After correctly serving your forms, you will receive a hearing date. During the hearing, the judge will listen to the facts of your case and approve your conservatorship. 

If you become the court-appointed conservator of a person, you will need to take care of various aspects of their well-being, including their food, wardrobe, and housing. If you are appointed as the conservator of their estate, you will also need to manage their accounts, assets, income, and bills. 

Why Choose Our Team? 

Because seeking guardianship and conservatorship can be a complicated process, a lawyer can provide extremely valuable assistance that can ultimately affect the outcome of your case. In his years as an attorney, Mr. McCunn has successfully closed more than 1,600 cases, and many clients trust him with getting the results they need. 

Learn More Today 

If you believe that a close friend or family member is in need of a conservator, we can help. Schedule a consultation online at our firm today by calling us at (916) 773-6100 or requesting a case review online

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I couldn't ask for a better experience, great staff, knowledgeable attorney and quick response to anything I needed. Job well done guys!

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Granite Bay Office

8780 Auburn Folsom Rd
Granite Bay, CA 95746

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