Guardianships & Conservatorships
Probate guardianships for minors and conservatorships for adults who need court-supervised care — serving Sacramento, Placer, El Dorado, and Amador Counties from our Folsom office.
Court-supervised care & protection
Guardianships and conservatorships are probate-court proceedings that empower a trusted person to make decisions for someone who cannot safely make those decisions on their own. A guardianship protects a minor; a conservatorship protects an adult who has lost capacity or is otherwise unable to manage their own affairs.
These cases live at the intersection of family law and probate court. They are highly fact-specific, often emotionally charged, and require careful preparation of investigative reports, financial accountings, and proof that less-restrictive alternatives are not workable.
Scharf Law, P.C. handles probate guardianships and conservatorships only — we do not represent clients in estate probate of decedents. Active member of the California State Bar (Bar #244097), admitted 2006.
Caring for a child
A guardianship gives a non-parent the legal authority to care for a minor when the parents are unable, unfit, or unwilling.
Guardianship of the Person
A court-appointed guardian makes day-to-day decisions for a minor — where they live, what schools they attend, and their medical care.
Guardianship of the Estate
Manages a minor’s financial assets, including inheritances, settlements, or substantial gifts received before age 18.
Joint Guardianship
Two guardians share the responsibility — common where relatives co-parent or where person and estate guardianships are split.
Successor Guardianship
When an existing guardian can no longer serve, the court appoints a successor to ensure continuity of care for the minor.
Protecting an adult
A conservatorship gives a court-supervised conservator authority over the personal care, financial affairs, or both, of an adult who can no longer safely manage them.
General Conservatorship of the Person
For an adult who cannot care for their own physical health, food, clothing, or shelter due to a physical or mental limitation.
General Conservatorship of the Estate
For an adult who cannot manage their own finances or resist undue influence, but does not need a person conservator.
Limited Conservatorship
For an adult with a developmental disability who needs help with specific decisions but retains rights wherever possible.
LPS Conservatorship
Lanterman-Petris-Short conservatorships address adults who are gravely disabled due to mental health conditions and require involuntary treatment.
Common circumstances
Most clients arrive at guardianship or conservatorship after a crisis — an accident, a diagnosis, a loss, or a sudden change in a family member’s ability to care for themselves or a child. These cases are stressful, but the framework is clear and the court’s role is supportive.
Below are common situations where pursuing a guardianship or conservatorship may be the right step.
A Parent Cannot Care for a Child
Death, incapacity, incarceration, deployment, or substance abuse may make a non-parent guardianship the right path for a minor’s care.
A Minor Receives Significant Assets
If a minor inherits or receives a settlement above the statutory threshold, a guardianship of the estate may be required to manage those assets.
An Adult Loses Capacity
Dementia, a stroke, traumatic brain injury, or developmental disability may leave an adult unable to make sound decisions about care or finances.
There Is No Power of Attorney
When an adult loses capacity without a durable power of attorney or trust in place, conservatorship is often the only path forward.
Undue Influence Is a Concern
When a vulnerable adult is being financially exploited, an estate conservatorship can stop ongoing harm and recover misappropriated assets.
Disputes Among Family Members
When family members disagree about who should serve as guardian or conservator, the court decides who is in the best interest of the protected person.
What to expect
Most guardianship and conservatorship petitions follow a similar structure: filing the petition, court investigator interview, notice to interested parties, a hearing, and ongoing reporting once the guardian or conservator is appointed.
Timelines vary by county and the specific facts of the case. Sacramento, Placer, El Dorado, and Amador each have their own probate calendars and practices — we’ll walk you through what to expect in yours.
For an adult, less-restrictive alternatives — durable powers of attorney, advance health care directives, supported decision-making agreements — should always be considered first. We’ll help you evaluate whether conservatorship is genuinely necessary or whether a different tool fits better.
Across the region
Scharf Law, P.C. is based in Folsom and serves families throughout the greater Sacramento region.
Common questions about guardianships and conservatorships
What is a probate guardianship of a minor?
A probate guardianship is a court order under Probate Code Section 1500 and following that gives an adult other than the parent legal custody of a child (guardianship of the person), authority over the child’s property (guardianship of the estate), or both. It is used when a parent cannot care for a child because of illness, incarceration, substance abuse, or death, and no dependency case is open.
Does a guardianship terminate the parents' rights?
No. Parents keep their parental rights and can ask the court to end the guardianship later by showing it is in the child’s best interest. The guardian has day-to-day custody and decision-making authority, and the court can order parental visitation. This is a key difference from adoption.
Who can be a guardian and how long does it take?
Any adult the court finds suitable, commonly a grandparent, relative, or close family friend. The petition is filed in the probate court of the county where the child lives, notice is given to parents and relatives, a court investigator reports on the home, and a hearing is set, typically within a few months. Temporary guardianship can be requested when the child needs care immediately.
What is a probate conservatorship of an adult?
A court proceeding under Probate Code Section 1800 and following in which a judge appoints a conservator to make personal decisions (conservatorship of the person), financial decisions (conservatorship of the estate), or both for an adult who cannot manage on their own. The court investigator, an attorney for the proposed conservatee, and ongoing accountings protect the adult’s rights.
What is a limited conservatorship?
A conservatorship designed for adults with developmental disabilities that grants the conservator only the specific powers the person needs help with, such as medical decisions or contracts, while preserving as much independence as possible. Regional center involvement is part of the process.
Are there alternatives to a conservatorship?
Often yes. A durable power of attorney and an advance health care directive signed while the person still has capacity can avoid the need for a conservatorship, and California now recognizes supported decision-making agreements. Courts require petitioners to show that less restrictive alternatives are not workable.
General information about California law, reviewed by attorney Taryn M. Scharf (CA State Bar #244097), Scharf Law, P.C., Folsom, CA. It is not legal advice for any specific situation. Ask about your case or call (916) 782-3900.
Considering a guardianship
or conservatorship?
Schedule a consultation to walk through your situation, the available alternatives, and what filing would look like in your county.
Request a Consultation (916) 782-3900
Scharf Law, P.C. — 2330 E Bidwell St, Suite 110, Folsom, CA 95630-3897
— (916) 782-3900
Taryn M. Scharf, Esq. — CA State Bar #244097
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