Conservatorship & Guardianship
Has your parent become physically or mentally frail? Are you concerned about their declining health and the potential for injury, elder abuse or financial manipulation by those with ill intentions?
It may be time to petition for control of your Mom or Dad's personal care, finances or both. The Law Offices of James G. Schwartz provides compassionate counsel and assertive legal advocacy to convince the court to appoint you for conservatorship or guardianship.
We understand that this is not an easy decision, especially if your family member has good days and bad days. Arrange a consultation today with our Pleasanton, California, lawyers. We have handled guardian and conservator cases throughout the San Francisco Bay Area.Conservatorship and Guardianship
Conservatorship applies to adults, such as elderly parents or siblings, who are no longer able to manage their own affairs (or are a danger to themselves) because of mental illness, the onset of dementia, or a disabling illness or accident.
Guardianship applies to minor children or adult disabled children who lack the mental capacity to make decisions about their own care.
Our clients typically realize the need to step in when their parent cannot remember important things, has gotten lost, caused an accident, or fallen prey to telemarketers or scam artists. Sometimes action is necessary to prevent abuse or manipulation by someone within the family.
- A conservatorship of the person gives the appointee general discretion over personal affairs, such as health care, legal proceedings, taking away the car keys, or placement in a nursing home or assisted living facility.
- A conservatorship of financials enables the appointee to manage bank accounts and business affairs, to pay bills and taxes, and to make purchases or conduct transactions on the person's behalf.
- The court can grant one or both powers, and often places specific limits on what the conservator/guardian can do.
Sometimes family members to disagree over what is best for the person. In contested cases, we can represent the petitioner or those who oppose the appointment, including actions to have a conservator removed.
Jim Schwartz has practiced in Alameda County and Northern California for more than 30 years. He is sensitive to family dynamics but is forceful on behalf of his clients to accomplish what is in the best interests of the incapacitated person.