California Guardianship And Conservatorship Legal Questions

Attorney fees vary. You're probably looking in the range of $2500-3500. There is also a court fee of $435, but many parents of disabled children are able to get that waived. I know that probably sounds like a lot, but it's actually a fairly complex procedure, requiring a minimum of one physical court appearance. You mention "children". It's likely that an attorney might give you a bundled price if more than one conservatorship is done at the same time. Also, some of us offer monthly payments, which could also help.... Read More

Your DPOA only relates to financial matters. It does not give you power to move your husband if he is not competent to make his own decisions. I know it's very frustrating that conservatorships take so very long. It puts everyone's lives on hold. Unfortunately, our courts are very short-staffed. They're doing the best they can. I strongly urge you not to move your husband out of state without permission from the Public Guardian's office or the court.... Read More

What a difficult situation! I'm so sorry your mother is going through this. The problems seem to be caused by your mother's husband, not your mother.  You paint a very vivid picture of a dangerous and stressful environment. But you don't explain why your mother puts up with this. Since she still works, I would have to assume she has full mental capacity.  So I would have some questions: (1) How long have they been married? (2) Whose name is the home in? (3) Does the husband work? If no, does he have other income? (4) Is this a fairly new problem, or has it been going on for years, and possibly just gotten worse recently? Does the husband have family? Are they aware of the situation? It sounds like the husband should be removed from the home for your mother's safety and probably his own. But then where would he go? And how would your mother feel about that? I would say that you are at one of the crossovers between family law and estate/trust law. Trying to force your mother to live without plumbing is abusive. Domestic abuse is real, and doesn't stop when people get older. On the other hand, the husband may have dementia, which moves into the estate/trust area, with the possibility of putting him under conservatorship. Could your mother stay in her home without the husband's income? If not, do you have alternate housing ideas she would agree to?... Read More

I think that based solely on what you have said that you are not at risk of losing the children solely because you have a prior conviction - but there is more information that would help an attorney answer your questions.  What is the nature of your felony conviction? Is it the only conviction? Have you had any probation violations? Are you employed? Have you ever been charged with an offense relating to child endangerment, sexual abuse or neglect? Do the parents agree to the guardianship? ... Read More

You can care for the child in most respects with the consent of the legal guardian with a caregiver affidavit. However, if the guardian wishes to have the child returned, you will have no legal recourse without a formal probate guardianship.  Under California law, the guardian is free to permit the child to reside with an out of state family.  I cannot speak to Idaho's laws in this area.  However, if he was sent away to evade a legal issue, that will in nearly all cases end poorly and you should consult with an attorney (assuming a criminal defense attorney) in the county where the case is pending.  Finally, I am not suggesting that he become a ward of the state, but if he were to become a ward of the state and placed in a foster home there would be substantial assistance available to him once he reaches the age of 18 that will otherwise not be available.  This includes assistance with medical care and education. Best of luck.   ... Read More