Proudly Serving Clients Throughout the Region Since 1959
Holland, Donnelly & Mishler
814 West Foothill Blvd. Monrovia, CA 91016
Phone (626) 357-
Fax (626) 301-
The information contained herein is provided for informational purposes only and is not intended to serve as legal advice. You should not act or fail to act based on the information on this website. Prior results do not guarantee a similar outcome. Attorneys at Holland, Donnelly & Mishler are licensed to practice law in the state of California.
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-
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
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 and 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.
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.
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:
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.
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-
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