Guardianship / Conservatorship

California Guardianship Proceedings
In order to protect a child from abuse and neglect, the court will quickly hold a temporary guardianship proceeding. Once in place, a guardianship can be difficult to change. The court desires to protect the emotional and physical health of children. It will not change a guardianship order absent substantial proof. Thus, even temporary guardianships are very, very important, and they are often granted quickly without much notice.

When awarding a legal guardianship, the court will look at a variety of factors including:

• Is parental custody detrimental to the child?
• Where will the child be safe?
• Has the child been a victim of emotional abuse and/or sexual abuse?
• Which party has had custody of the children?
• The emotional stability of parties involved, and
• Issues affecting the continuity of care

Conservators & Conservatorship Proceedings for Adults
When an adult suffers an incapacitating injury or illness, the court will appoint a conservatorship to exercise the legal rights over that person. There are times when a power of attorney or health care agent is not enough. Sometimes, hospitals and doctors will only a follow a court order. When a family member needs protection, it is important to appoint a person who can protect their interests in legal and financial matters.