Ventura Guardianship Attorney

Ventura Guardianship Attorney

While most people strive to live as independently as possible, there are times when that’s not possible. At times, mental or physical incapacity may make it impossible for someone to make their own decisions regarding their health, well-being, and finances. When this is the case, guardianships and conservatorships are legal tools to protect the best interests of minor children or incapacitated adults. These legal arrangements are court-ordered, meaning a judge makes them for medical, financial, legal, or personal reasons. If you live in Ventura county, California, and need the help of guardianship lawyers or conservatorship lawyers, the Hermance Law Estate Planning Office is here to help. We have qualified estate planning attorneys on hand and offer a free consultation. Reach out to us today, so we can help you understand all your legal options.

Guardianship Vs. Conservatorship

While similar in what they do legally, there is one significant difference between guardianship and conservatorship in California.

Guardianship in California

Guardianship refers to a situation in which a probate court appoints a guardian to protect the estate or assets of a minor. Family members and other loving adults usually step in to obtain guardianship to protect the child’s best interest. There are two types of guardianship in the state: guardian of the estate and guardian of the person. Guardianship of the estate is when a guardian is appointed in probate when a minor is the heir of significant assets or when proceeds from litigation are expected. This allows access to the assets before a minor’s 18th birthday, but only at the discretion of the court-appointed guardian. A guardianship can also be ordered for a person or non-monetary interests of a minor child. The court will order guardianship for a minor when the child’s parents cannot care for them due to death, mental health issues, or other legal and personal circumstances.

Conservatorship in California

On the other hand, a conservatorship is a protective court order in which someone is appointed by the court to oversee the personal care and financial affairs of an adult who cannot look after those things themselves. This may happen when someone over 18 is physically or mentally incapacitated. 

There are many types of conservatorships in the state, and they vary according to:

  • How long the adult will be incapacitated (permanent conservatorship vs. temporary conservatorship)
  • How much power is given to the conservator (i.e., limited conservator)
  • Whether the conservatorship is due to a special circumstance

If you need the help of conservatorship lawyers, Hermance Law’s estate and crisis planning attorneys are here for you.

Guardianship Vs. Adoption in California

The role of an adoptive parent and a guardian can sometimes overlap when caring for a minor. While there are differences, it’s important to remember that there are critical legal differences between guardianship and adoption. The most significant difference is that with legal guardianship, the child’s parents still maintain their parenting rights and can still be part of the child’s life through visitation rights. Unlike adoption, guardianship can be terminated through a court proceeding if the parent has completed court-ordered steps to regain custody. Another difference between adoption and guardianship is that the court oversees the guardian and ensures that person is not abusing their power.

An adoptive parent takes on the parenting responsibilities without constant court supervision. We know that as a parent, you never want to think about not being there for your child. That’s why at Hermance Law, we specialize in ensuring children are taken care of properly with our Kid’s Safeguard System. This system allows you to legally document your guardianship wishes so that you are making the decisions for your children, not a court or judge who doesn’t know them. If you need help planning the guardianship of your child or children, you can rest assured our law firm won’t miss a single important detail. Contact our f today for a free consultation.

Ventura Guardianship Attorney

Experienced Guardianship Attorneys

At Hermance Law, we have experienced conservatorship lawyers, and we pride ourselves on building a solid attorney-client relationship with every person who walks through our law firm doors in Ventura or uses our virtual consultation. We want our clients to feel comfortable asking the big questions surrounding your guardianship issues and estate plan, so we can share our legal expertise and give you the answers you need, which, ultimately, gives you peace of mind. We offer flexible client scheduling and a family-friendly environment so you can make appointments with a guardianship attorney that works around your busy schedule without needing a babysitter for your child.

We’re here to help with your guardianship issues or any other estate legal issue you may have, so contact us today for a free consultation.

Our Ventura office is located at: 
4476 Market Street
Suite 602
Ventura, CA 93003

We are here to help you

Do you need assistance getting your Trust completed? We know it can be confusing and intimidating to start, don’t stress. We can help you get a plan in place and make sure your wishes are legally documented and that your family is protected, giving you peace-of-mind. To get started, call our office at (805) 518-9633, click below to schedule an appointment, or complete the form below and one of our team members will be in contact with you. We will help you determine whether a trust makes sense for your situation. You do not have to make these decisions alone.

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Contact Us


4476 Market Street, Suite 602
Ventura, CA 93003
(805) 518-9633

2829 Townsgate Road, Suite 100
Westlake Village, CA 91361
(805) 518-9633

28015 Smyth Drive,
Valencia CA 91355

(661) 669-8472

1055 E. Colorado Blvd., Suite 500
Pasadena, CA 91106
(626) 709-2847

15615 Alton Parkway, Suite 450
Irvine, CA 92618
(949) 676-6016

26565 West Agoura Rd., Suite 200
Calabasas, CA 91302
 (818) 626-3543

Serving clients throughout California Virtually 

Disclaimer: The attorneys at Hermance Law, A Professional Corporation, are licensed to practice law solely in California and meets with clients by appointment only. Nothing in this website should be taken as engaging, or offering to engage, in any activities in any jurisdiction where those activities would constitute the unauthorized practice of law or would otherwise be unlawful or improper. The materials appearing on this Website are provided for informational purposes only and do not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This site is not intended to create an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely upon any single source of information, including advertising on this Website.

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