Conservatorship

Duration of Conservatorships/Guardianships

The duration of conservatorships or guardianships for minors is generally limited - that is, until they turn adult age. There is an exception: unless they are mentally incompetent, then the guardianship or conservatorship may continue in its present form or a new proceeding may be required.

Incompetence and the Guardianship/Conservatorship Legal Proceeding

Generally, the process of guardianship or conservatorship begins when a person files a petition with the court to "open up" a guardianship or conservatorship proceeding. Usually, a parent opens such a proceeding for a child, or an adult child or spouse opens such a proceeding for their incompetent parent or spouse.

When does a Guardianship or Conservatorship become Necessary?

A guardianship or conservatorship is necessary when it involves the concept of one person caring for another who is not competent to care for their affairs themselves. In the case of children, they are, by law, considered not competent to make binding legal decisions by themselves until they reach the age of majority.

The Legal Consequences of Incapacity with no Preventative Legal Documents

What if you did not plan ahead and are now faced with a family member who has become incapacitated? Legal issues with guardianships and conservatorships.

The Disadvantages of Guardianship/Conservatorship Legal Proceedings

In the event that you or a loved one becomes incompetent, any person can start the proceedings for a guardianship (for a child) or conservatorship (for an adult). This may put you at several disadvantages if you were not prepared for such an event, such as:

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