Pursuing A Guardianship Or Conservatorship And Navigating Disputes
Making the decision to pursue a guardianship or conservatorship for a loved one is not something to take lightly. Navigating the legal proceedings can be complicated. Nonetheless, sometimes it’s absolutely necessary to care for your loved one, whether they’re an incapacitated adult or a minor.
At Blut Law Group, PC, we can help you navigate the right kind of proceedings for your situation. With offices in Las Vegas and Los Angeles, we handle these cases in both Nevada and California. Our attorney has extensive experience handling these cases in both states. He also handles contested cases involving litigation.
Understanding Guardianships And Conservatorships In Nevada And California
Both Nevada and California have legal vehicles for granting someone legal authority over a party who is legally incapacitated (unable to manage their own affairs). In Nevada, guardianships are available for both adults and minors. In California, however, guardianships are for minors, whereas conservatorships are for incapacitated adults.
In cases involving adults, the legal standard differs from those involving children. Minors are presumed unable to make their own legally binding decisions. However, with adults, it must be shown that they lack the mental capacity to make their own decisions. This determination involves assessing a number of factors such as:
- Their medical condition and relevant diagnoses
- Their ability to communicate
- Their presence of mind
- Their ability to understand what’s going on around them
- Their ability to understand the decisions they’re facing and the impact of those decisions
Gathering and presenting a strong basis of evidence is often essential for succeeding in adult guardianship or conservatorship proceedings. We take a detailed approach to examining the facts in order to craft a solid legal strategy.
Learn More About How We Can Help | Free Consultation
Whether you are facing guardianship or conservatorship proceedings, contested or uncontested, or still trying to sort out if that’s the right path to take, we can help. Our lawyer would be happy to speak with you about your situation during a free, confidential consultation. Get started by calling 310-220-0598 or sending us an email.