GUARDIANSHIPS OF MINORS
The most frequent kind of call in this category I get is a grandparent, aunt, or uncle who has or wants to take care of a related child because the parent(s) of the child are unable to protect and raise them. The reasons are death, incarceration, substance abuse, homelessness, neglect, and abandonment. It is a very emotional time and runs about 50/50 whether the parent(s), if living, or other family members want to contest the appointment of the relative who wants to provide a home for the child. Non-related persons may also apply for guardianship.
Most cases simply involve raising the child(ren). This is a Guardianship of the Person of the Minor(s).
If a child inherits money "outside of a trust" over a certain amount, it must go into a guardianship. This is a Guardianship of the Estate of the Minor.
CONSERVATORSHIPS AND LIMITED CONSERVATORSHIPS
A Conservatorship for an adult's "Person" involves situations where there is a disability that renders the adult unable to provide for their necessary every day living. Alzheimers, Dementia, Stroke, Brain Injury, Physical Impairments.
There can be many reasons and there is no age limit after age 18 for this type of Conservatorship EXCEPT this kind of Conservatorshp DOES NOT take care of persons with developmental disabilities (those conditions where there is (from birth usually)) a diagnosis of Downs Syndrome, Autism, Cerebral Palsy, or any like condition that impairs a person from taking care of themselves in the same way that a regular conservatorship provides for a person whose disabiity occurred later in life by other than "at birth" or in infancy, etc.
FOR THOSE PERSONS WITH DEVELOPMENTAL DISABILITIES you need a LIMITED CONSERVATORSHIP.
Both kinds regular and limited conservatorships can include powers to make decisions regarding the persons care. Both kinds of conservatorships are available for the "Person" and the "Estate", if needed. Person and Estate requirements vary between types of conservatorships. There is no one size fits all because each case is specific to the needs of the person.
Need more information? I will too. Call me to discuss your situation.
(707) 422-0514-10 a.m. - 5 p.m. Monday - Fridays PST