We represent families in conservatorship and guardianship proceedings where vulnerable adults or minors require protection, structure, and court oversight. These matters demand legal precision, procedural discipline, and thoughtful care.

When proceedings become contested or complex, we are prepared to litigate decisively. Whether addressing objections, capacity disputes, fiduciary concerns, or competing petitions, we advocate strategically to ensure that protection and stability remain the priority.
Helping Clients Care For The Needs Of A Loved One

If you have a loved one who is incapacitated or struggling to take care of themselves and manage their finances due to a mental or physical illness, you may be thinking about filing for a conservatorship. However, it is important to consider how a conservatorship may impact you and your loved one.

The California conservatorship attorneys at Stark & Stark Law Group, APC, provide an overview of how conservatorships work in California and the steps you can take to obtain one for your loved one. If you have questions about conservatorships or estate planning matters, contact the Stark & Stark Law Group, APC, at 909-767-3890.

What Is A Conservatorship?

A conservatorship is an order that allows a court-appointed individual (the conservator) to be in charge of the finances and medical care of another person, referred to as the conservatee. In California, conservatorships are used to help protect the health and safety of an individual who is unable to care for themselves due to a variety of factors, such as age, physical or mental illness, and disability. The conservator is appointed by the court and is responsible for making important decisions on behalf of the conservatee, including financial decisions and health care decisions.

When a conservatorship is established, the conservator may be given the authority to manage the conservatee’s assets. This includes handling the conservatee’s finances, investments, and monthly expenses and protecting the conservatee’s assets from being misused. The conservator may also be responsible for managing the conservatee’s personal and healthcare needs, including making decisions about medical treatments and medications.

What Is The Difference Between A Conservatorship And A Guardianship?

In California, a conservatorship is a court-ordered arrangement that enables an individual (the conservator) to make decisions on behalf of another person (the conservatee) who is unable to care for themselves. A guardianship, on the other hand, is a court-ordered arrangement that enables an individual (the guardian) to make decisions on behalf of a minor child, such as decisions about medical treatments and schooling. Guardianships are usually established when the child’s parents are unable to care for the child due to death, illness, or other reasons.

While both terms are sometimes used interchangeably, the primary difference between a conservatorship and a guardianship is that a conservatorship is established to help protect and care for an adult, while a guardianship is established to help protect the health and safety of a minor child. If you are not sure whether you need a conservatorship or a guardianship for your loved one, be sure to consult an attorney before taking any further action.

Are There Different Types of Conservatorships?

In California, there are three different types of conservatorships. Probate conservatorships are divided into two different categories – general and limited. In addition, there are also Lanterman-Petris-Short (LPS) conservatorships.

A general conservatorship is usually meant for adults who are completely unable to care for themselves or their finances due to age, disability, or severe impairments. This type of conservatorship gives the conservator all necessary authority to make decisions and manage the conservatee’s affairs. If the conservatee is deemed to be still able to handle some of their matters but needs help with other matters, then the court may allow for a limited conservatorship. With a limited conservatorship, the conservator’s authority is limited to seven specific powers defined in accordance with the needs of the conservatee.

A Lanterman-Petris-Short (LPS) conservatorship is meant for an incapacitated adult who has serious mental illnesses and needs specialized treatment in an inpatient locked facility, for example. This type of conservatorship is most commonly used when the conservatee requires restrictive living arrangements and is incapable of taking care of their own physical health and basic needs, such as food, shelter, and clothing.

How Do You Obtain a Conservatorship for a Loved One?

Conservatorships are analyzed and ordered by the local court. In order to be appointed as the conservator for a loved one, you will need to file all required paperwork with the court. You may need to be prepared to pay any necessary filing fees as well as a court investigator fee. In some cases, these fees may be waived for eligible, low-income individuals.

Once the petition is filed, a citation and a copy of the petition should be served to the proposed conservatee. This cannot be done by the proposed conservator, but any other competent person over 18 can deliver the documents to the proposed conservatee. In addition, the conservatee’s spouse and close family members should also receive a copy of the citation and petition by mail. After that, the court will analyze the petition and schedule a date and time for a conservatorship court hearing.

What Happens at the Conservatorship Interview?

At the conservatorship interview, the judge will interview the proposed conservatee and their relatives who are familiar with the conservatee’s condition. In general, the conservatee is required to attend the conservatorship proceeding unless they have an excusable illness or condition that prevents them from being able to be present.

During the interview, the person petitioning for the conservatorship should demonstrate to the judge that there are no better options and that a conservatorship is the best choice for their loved one. This can be done by presenting supporting evidence, such as medical reports and letters from the conservatee’s doctor.

The judge will determine if all interested parties have been properly notified of the conservatorship petition and will decide if the conservatee should be represented by a separate conservatorship attorney. The judge will then decide whether to deny or approve the petition.

If the petition is approved, the person wishing to become the conservator for their loved one will receive their Letters of Conservatorship once a court order is filed and they are officially appointed as the conservator. Once a person is appointed as the conservator, they may be required to attend court-offered training classes to learn about their responsibilities and to show up for regularly scheduled reviews and meetings with the court investigator.

Can a Conservatorship be Contested in California?

Both types of probate conservatorship, as well as the LPS conservatorship, may be contested in certain situations. In California, each type of conservatorship can give the conservator authority over the conservatee’s estate, person, or both. It is important to know what type of conservatorship you intend to challenge before proceeding.

Situations that may justify conservatorship disputes include abuse, overstepping responsibilities, priority, and necessity. If your family member is being abused by the conservator, meaning the conservatee is being physically, mentally, or financially harmed and exploited by the conservator, you may have the grounds to contest the conservatorship, as such behaviors could be considered a contractual breach by the court.

Likewise, certain conservatorships only give the conservator authority to make certain decisions but not others. For example, if a person is given a limited conservatorship over the conservatee’s estate, they may not make any decisions regarding the personal health of the conservatee. Another reason for a conservatorship contest is when someone higher up on the priority list decides they wish to take on the role of the conservator.

For example, if a cousin of the conservatee is the current conservator, but the conservatee’s spouse decides they would like that position instead, they may challenge the current conservator. Finally, if the conservatee believes that the conservatorship is no longer necessary and that they can take care of their own affairs without help, a conservatorship contest may be needed if the conservator disagrees.

How Can a California Conservatorship Attorney Help Me?

If you are considering petitioning for a conservatorship for a loved one or need help challenging a current conservatorship in California, your first step should be to contact an experienced conservatorship attorney, such as the ones at Stark & Stark Law Group, APC. Our California conservatorship attorneys have helped countless clients in California with a variety of conservatorship matters, and we are here to assist you as well.

Becoming a conservator is not something to be taken lightly, as you will have a variety of contractual obligations and responsibilities. Courts are hesitant to allow a conservatorship for someone who simply needs help, as there have to be more significant reasons to justify the petition. Our conservatorship attorneys can help you fully understand what is required of you as a conservator and if a conservatorship is truly the right choice for you and your loved one.

If so, our conservatorship lawyers can help you gather the required evidence to show the court that the conservatorship would indeed be in the best interests of your loved one. We can also help you build a strong case to contest a conservatorship when necessary.

If you need help regarding conservatorships, have questions, or need to learn more information, contact the California conservatorship lawyers at the Stark & Stark Law Group, APC, by calling 909-767-3890 and requesting a confidential consultation to discuss your case.

Guiding Clients Seeking To Become The Guardians Of A Child

If you are considering becoming a guardian to a minor child or have been notified that another person wishes to become the guardian of your child, it is vital to understand how guardianships work in California, your rights and responsibilities as a guardian, and why seeking the help of a guardianship attorney may be a good idea. The legal team at the Stark & Stark Law Group, APC, answers these questions and provides an overview of guardianship laws in California. Contact the Stark & Stark Law Group, APC, at 909-767-3890 for all your guardianship legal matters.

What Are Guardianships?

Guardianship in California is a legal arrangement that allows a qualified adult to care for a minor child who is not their own biological or adopted child. A guardian can make important decisions related to education, healthcare, and other important matters for the child’s life, such as managing the child’s estate assets and finances that may have been inherited from a deceased parent. In some cases, guardianships are used when a parent is unable to make decisions on behalf of their child due to illness, disability, or other factors, such as being deployed in the military for an extended period. In these cases, the court may appoint a guardian who has been approved by the parent or who is a suitable relative or close friend of the child.

In order to become a guardian, the applicant must meet certain criteria and be approved by the court. When guardianship is granted, the guardian becomes legally responsible for the minor child’s welfare and is expected to make decisions in their best interest. This includes providing a safe and nurturing home, ensuring they receive an appropriate education, looking after their physical and emotional health and safety, and providing any necessary financial support. Guardians may also be required to provide periodic updates to the court on the child’s progress.

What Are The Different Types Of Probate Guardianships In California?

In California, guardianships can be general (permanent) or temporary and are divided into guardianship of the person and guardianship of the estate. Temporary guardianship is usually filed when there is an emergency situation that requires a minor child to be placed under the care of a guardian immediately. It is usually filed at the same time as a general guardianship. General guardianship is a permanent guardianship that only ends when the child turns 18 or is emancipated, when the child dies, or when a new court order is issued. Both general and temporary guardianships can be a guardianship of the person, a guardianship of the estate, or both.

Guardianship of the person is when an adult is appointed by the court to care for a minor child’s welfare and to make important decisions related to the child’s education, physical care, and other important matters. Guardianship of the estate, on the other hand, is typically used when a minor child receives a large inheritance from a parent who passed away. The guardian of the estate is legally responsible for managing the minor child’s assets and ensuring that they are invested properly and used to benefit the minor child.

What Is The Difference Between Guardianship And Adoption?

The legal difference between guardianship and adoption is that guardianship is typically a temporary arrangement that does not terminate the legal relationship between the child and their parents. The court appoints a guardian to care for the child’s welfare and make important decisions for them, but the child remains the legal responsibility of their parents. In other words, guardianship still allows the biological parents to maintain their parental rights and keep their custody of the child.

Adoption, on the other hand, is a permanent arrangement and is intended to terminate the parenting relationship between the child and their biological parents. In an adoption, the adoptive parents are legally responsible for the child, and all legal rights and responsibilities of parenthood are transferred from the biological parents to the adoptive parents. It is worth mentioning that, in many cases, a guardian may ask the court to allow them to adopt the child they are caring for if they wish to become the child’s adoptive parent. California courts may give preference to allowing the child to be adopted by a guardian rather than by another person the child may not be familiar with.

What Are The Steps Required To Become A Guardian In California?

If you wish to become a guardian of a minor child, your first step is to determine whether guardianship is the right choice for you or if there are any other arrangements that may work better for you, the child, and the child’s biological parents. It may be a good idea to discuss your situation with an experienced California guardianship attorney before filing an application with the court.

After your papers are filed, the court clerk will let you know about the date and time of your court hearing. The court hearing is when the child, the proposed guardian, and the child’s biological parents appear in court, and the probate judge makes a decision about whether to assign guardianship to the applicant or not. You must serve the court papers to the child’s biological parents and any interested parties, even if they agree with the guardianship, as the hearing is their only opportunity to object to your petition. Before the court hearing, a court investigator may be assigned to look into your case and assess whether guardianship is truly necessary and in alignment with the child’s best interests. You may also want to consult a guardianship lawyer for assistance with the process of guardianship in California.

What Should I Do If Someone Applied To Be The Guardian Of My Child?

If another person has applied to become a guardian of your minor child, as a biological parent, you have the right to agree to the guardianship petition or object to it. During the court hearing, you will have an opportunity to let the judge know how you feel about the petition and whether you believe that the proposed guardian should be allowed to become responsible for your child or not. You may also respond in writing to the court as soon as you are served court papers concerning the proposed guardianship.

You may object to the petition if, for example, you believe that you are fully capable of caring for your child and that the guardianship is not necessary. Alternatively, you may agree with the need for guardianship but question whether the proposed guardian is the right person to take care of your child.

It is also important to know that the child’s guardian, the child’s parents, or even the child (if they are 12 or older) can ask the court to end the guardianship. A guardian may also resign and ask the court to appoint a new guardian for the child without ending the guardianship.

When Should I Consult A California Guardianship Lawyer?

If you are thinking of filing for guardianship of a child, are the parent of a child with a pending guardianship case, or need help to make changes or end a current guardianship, talking to a skilled guardianship attorney should be your first step. Your attorney can help you understand your rights and responsibilities as a guardian, parent, or ward and can assist you with the steps required to handle your guardianship matters.

The legal team at the Sheela Stark Law Group, APC, has assisted countless clients in Southern California to obtain guardianship of children they care about and has also provided legal advice and representation for parents and guardians dealing with a variety of legal issues in relation to their children. California family code and guardianship laws can sometimes be confusing and complex, but our attorneys can help you understand these rules and how they may affect your case. They can also help you decide whether guardianship is the right option and assist you with the steps required to become a legal guardian. Contact the Stark & Stark Law Group, APC,, by calling 909-767-3890 and requesting a free consultation to discuss your case and learn more about how we can help you.