What Is Guardianship?

Guardianship — also known as conservatorship — allows for the protection of assets when the owner becomes incapacitated. For instance, if you become ill or incapacitated and cannot care for your child, you may name a guardian to assist them with financial matters. In another instance, you may have a parent, grandparent or other relatives who are unable to care for their estate. You may be named as the guardian of that estate.

For over 20 years, the Law Offices of Linda J. MacKay has been assisting San Jose clients with legal issues related to estate planning and guardianship. Whatever circumstances you and your family face, we can help find solutions.

Which Type Of Guardianship Do I Need?

In California law, two types of guardianships are common:

• Guardianship of the person: These are typically temporary arrangements in which the named guardian assumes responsibilities for a person’s welfare. In many cases, when a young child is involved, this is quite similar to adoption. The guardian is expected to provide for the child’s safety and support until the parents or permanent guardian can retake those responsibilities.
• Guardianship of the estate: The guardian is the authority to manage the assets and property until the named person is able to do so themselves.​

Elderly Adults Often Need Guardianships

While guardianship often involves young children, who have inherited money or substantial assets, there are many instances in which adults need guardians as well. Often, a guardian is needed when an adult — often a senior — is incapacitated or is unable to administer their own estate. If you are considering a guardianship for your elderly parent, the Law Offices of Linda J. MacKay can assist you. We can also help you with advanced care planning issues.

When You Need Help With Guardianships, Contact Us

Contact Linda J. MacKay to discuss estate planning and guardianship. Whether you are interested in naming someone to be the guardian of your loved one or your estate, or you are a guardian with questions related to your rights and responsibilities, we can help. To get a free consultation, send us an email or call at 408-379-9600.