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Holland, Donnelly  & Mishler

814 West Foothill Blvd. Monrovia, CA 91016

Phone (626) 357-3223

Fax (626) 301-0788

Email: TimMishler@hdmlawyers.com

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Trusts, Probate & Estate Planning Family Law

Conservatorship and Guardianship Lawyers in Monrovia




At the Monrovia Law Firm Holland, Donnelly & Mishler, Attorney Tim Mishler assists clients in guardianship and conservatorship cases. Whether you want to establish or fight a guardianship or conservatorship, Mr. Mishler has more than 20 years’ experience successfully representing clients in these sensitive matters.


If you need information about conservatorships or guardianships, please contact Monrovia Lawyer Tim Mishler at (626) 357-3223 to schedule a free, comprehensive consultation. Located in Monrovia, Mr. Mishler represents clients in guardianship and conservatorship cases throughout the region.

Monrovia Probate Conservatorship Attorney

In the State of California, Probate Conservatorships are established in California’s Probate Code and are subject to the jurisdiction of the Probate Court. The Probate Court allows for two types of conservatorships: General Conservatorships and Limited Conservatorships.


General Conservatorships are created for the benefit of incapacitated adults who can no longer manage their finances or physically care for themselves. Limited Conservatorships are established for the benefit of adults with developmental disabilities who do not require the full level of care and protection afforded by a General Conservatorship


General Conservatorships


In General Conservatorship proceedings, upon a showing that an individual is incapacitated and as a result cannot manage their own affairs, the Probate Court will appoint a responsible individual (conservator) to assist an incapacitated adult (conservatee) by protecting and managing their property andMonrovia Conservatorship Attorney financial affairs (conservator of the estate), as well as overseeing their medical care and attending to daily needs (conservator of the person). The Probate Court will generally appoint the same person to be conservator of the person and their estate.


For the purposes of establishing a conservatorship, an individual may be deemed incapacitated if they are unable to manage their own affairs due to physical or mental infirmity or advancing age. Conservatorships act as safeguards against fraud, abuse, and mismanagement of the conservatee’s finances, and because they are overseen by the Court, they supersede Durable Powers of Attorney.


A responsible relative or close family friend may be appointed as a conservator. Absent the ability to find an individual willing to take on this role, the Probate Court may appoint a professional conservator or a public conservator. Conservators have a fiduciary duty to act in the conservatee’s best interest and are required to provide accountings to the Court to ensure that they are properly managing the conservatee’s affairs. If a conservator is acting improperly, they may be removed by the court and a new appointment will be made.


Limited Conservatorships


As stated above, Limited Conservatorships are typically established for the protection of the developmentally disabled adults. The Court will grant specific powers to the conservator based upon the developmentally disabled adult’s level of disability and ability to act and care for themselves. Powers granted under a Limited Conservatorship to act on behalf of the conservatee may include (but are not limited to) any of the following:


Ability to enter into contracts

Decision making regarding where the conservatee will live

Ability to provide or withhold consent for medical treatment

Power to access confidential records

Ability to make decisions regarding schooling

Consent or withhold consent to marry


Once a General or Limited Conservatorship is established, it can only be dissolved by order of the Probate Court.


Monrovia Conservatorship Lawyer Tim Mishler handles cases involving conservatorships of the elderly, those incapacitated by mental or physical infirmity, and limited conservatorships for the developmentally disabled.  

Probate Guardianship Lawyer in Monrovia

A Probate Guardianship is established by the Court and provides for the following:


The transfer of physical custody of the minor child to an adult who is not the minor child’s parent, providing the guardian the legal authority to make decisions on behalf of the child (guardianship of the person); or


The establishment of a guardian to oversee and manage income, monies and property that has been bequeathed to the child until they attain the age of majority (estate of the minor); or


Establishes both control of the individual minor and the estate of the minor.


Guardianship of the Person

When granted physical guardianship, the guardian is responsible for caring for the child’s physical, medical and educational needs. Guardianships are generally granted when either one or both of the child’s parents become unable to care for their minor child’s health, safety and welfare due to:


Incapacitation

Military Deployment

Incarceration

Substance Addiction

General Inability to Care for the Child


When making a decision regarding the need to appoint a responsible guardian, the Court must take the best interests of the child into account to ensure all of their needs are met.


Guardianship of the Estate

An estate guardian is appointed to manage a child’s income, monies or property that the minor child has inherited. The Court will appoint a guardian to manage the child’s financial affairs until the minor attains the age of majority. Depending upon circumstances, the Court may appoint the same individual to act as Guardian of the Person and Guardian of the Estate.


An Estate Guardian has a fiduciary duty to properly manage the child’s finances, invest monies prudently, and maintain the value of the estate when named as guardian. If the Court finds an abuse of discretion or breach of fiduciary duty, a new guardian may be appointed.

Contact an Experienced Conservatorship & Guardianship Law Firm in Monrovia

Whether you need experienced, knowledgeable legal counsel to establish or fight a guardianship or conservatorship, contact Monrovia Lawyers at Holland, Donnelly & Mishler at (626) 357-3223 to schedule a free in office consultation. We’ve been proudly representing clients in and around Monrovia since 1959.





Monrovia Estate Planning  & Family Law Attorneys