Our Sacramento Lawyers Work To Resolve Guardianship Disputes
A guardianship establishes authority for an appointed person to manage the personal care of a minor, or an incapacitated or special needs adult. Guardians make decisions regarding daily needs of the ward — the person for whom the guardianship has been established. This may include health care, residential needs, clothing and other day-to-day necessities.
A conservatorship designates a person to manage someone's financial estate. A person can serve as both a guardian and a conservator, or the roles can be handled separately. Sometimes the two roles are referred to as guardianship of the person and guardianship of the estate.
Guardianship disputes often can be avoided by anticipating these issues and establishing advance health care directives and powers of attorney as part of a comprehensive estate plan. Contact us to learn how we can help.
Most guardianships and conservatorships in California are established without being challenged. Occasionally, however, a guardianship or conservatorship is contested due to concerns about an individual's ability to serve in the role. There may be evidence of mishandling of funds, fraud or physical abuse of a ward.
Our Attorneys Resolve Guardianship Disputes
At Hackard Law, A Professional Law Corporation, in Sacramento, our experienced probate and elder law attorneys help individuals resolve guardianship and conservatorship disputes through negotiation and, if necessary, litigation. We represent guardians, conservators and interested parties who may have a reason to contest a guardianship or conservatorship.
These disputes are emotional and can be costly. The worst-case scenario is that a significant percentage of the ward's assets are depleted by the dispute itself. No one is well-served when that occurs. We are sensitive to the emotions involved when dealing with a loved one who is incapacitated. With the understanding that the ward's best interests are the most important element on which to focus, we work to reach agreement without the need to litigate. If a fair agreement cannot be reached through negotiation or mediation, however, we are prepared to advocate on your behalf in court.
Help Is Available On Short Notice
Issues regarding guardianship often arise out of emergency situations. We can respond quickly to help you and your family manage the affairs of a loved one. Call 916-229-6991 to schedule a consultation.