Los Angeles Guardianship and Conservatorship Attorney
Protecting Minors and Vulnerable Adults Through the Probate Court
Guardianship and conservatorship are related but distinct legal tools, both established through the Los Angeles County Superior Court, that allow one person to make decisions on behalf of someone who cannot fully care for themselves. Guardianship generally applies to minor children, while conservatorship applies to adults who can no longer manage their own person or finances due to illness, injury, or disability.
The Law Office of Mitchell A. Port guides families through both types of petitions, from the initial filing through ongoing court reporting obligations.
Guardianship of a Minor
A guardianship of the person gives someone other than a parent legal authority to make decisions about a child's education, medical care, and living arrangements, typically because the parents are deceased, incapacitated, or unable to care for the child. A guardianship of the estate, by contrast, is used when a minor owns significant assets, such as an inheritance or settlement, that need court-supervised management until the child turns eighteen. Naming a guardian in your will is an important step, but the court still holds a hearing and makes the final appointment based on the child's best interest.
Conservatorship of an Adult
A conservatorship of the person addresses an adult's daily care needs, including housing, medical decisions, and personal welfare, when the person can no longer manage these matters independently. A conservatorship of the estate addresses financial management, including paying bills, managing property, and handling investments. A single conservator may be appointed for both roles, or the court may appoint different people for each. California also recognizes a specialized form called an LPS conservatorship for individuals with serious mental illness who require involuntary treatment, which follows separate procedures under the Lanterman-Petris-Short Act.
Alternatives Worth Considering First
Because conservatorship is court-supervised, requires ongoing accountings, and can be both time-consuming and public, we always ask whether less restrictive alternatives, such as a properly drafted power of attorney, a healthcare directive, or a revocable trust with a successor trustee, could accomplish the same goal without court involvement. For clients who plan ahead, these tools frequently make a full conservatorship unnecessary. When incapacity strikes without any advance planning in place, however, conservatorship may be the only available path.
Frequently Asked Questions
How long does it take to establish a conservatorship in Los Angeles County?
A straightforward, uncontested conservatorship typically takes a few months from filing to court appointment, including an investigation by court investigators and a hearing. Contested matters, where family members disagree over who should serve or whether conservatorship is even necessary, can take significantly longer.
Does a conservator have complete control over the conservatee's decisions?
No. Conservators must act within the scope granted by the court and remain subject to ongoing court supervision, including periodic accountings and, in many cases, court approval for major transactions such as selling real estate.
Call (310) 526-3433 to speak with a Los Angeles guardianship and conservatorship attorney at the Law Office of Mitchell A. Port.
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"I highly recommend Mitchell A. Port"Living outside California, I needed an attorney from the Los Angeles area to handle my difficult LA Probate case. I went online and fortunately found a very experienced Probate Attorney in LA named Mitchell A. Port. Mitchell took my Probate case and did an excellent job helping me navigate through the intricacies of the LA Court Probate system. He quickly responded to any questions I had and was extremely knowledgeable about the steps required to complete the entire Los Angeles County Probate process. I highly recommend Mitchell A. Port to handle any of your future needs concerning the LA Court Probate system.- Randall
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"Knowledgeable, Personable and Results-oriented"Mitch is a great attorney - knowledgeable, personable and results-oriented. He helped me work through a challenging probate issue and his expertise was invaluable in terms of moving the case forward. Two thumbs up and five stars from me.- Jason
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"I found Mitch online and it was the best click I ever made"When I needed a probate attorney I found Mitch online and it was the best click I ever made. Thanks, Mitch- Norman S.
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"My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!"My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!- Cathy W
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"Mitch is compassionate, extremely knowledgeable and professional"
Mitch is compassionate, extremely knowledgeable and professional
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"Mitchell met my highest expectations."Mitchell met my highest expectations.- LaTrisha M
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"Mitch was awesome throughout this entire process and made this a stressless process."Mitch was awesome throughout this entire process and made this a stressless process.- M. C.
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"Probate cases can be difficult but attorney Mitchell Port makes them easier to understand."Probate cases can be difficult but attorney Mitchell Port makes them easier to understand.- Glendene W.
