Guardianships and Conservatorships in Oakland: Protecting Those Who Need It Most

When loved ones—minors or incapacitated adults—need someone to manage their welfare, guardianship and conservatorship are vital legal tools. Here’s how to navigate Oakland’s process.

1. Guardianship vs Conservatorship

Guardians care for minors; conservators manage finances or well-being for adults unable to do so.

2. Common Reasons

Guardianships may follow parental absence or incapacity. Conservatorships typically involve dementia, illness, or other incapacitating situations.

3. Filing the Petition

Submit the correct form (JV-100 for guardianship, GC-310 for conservatorship) to Alameda County Court with supporting documentation.

4. Investigation Phase

Court investigators evaluate your suitability, perform background checks, home visits, and speak to others.

5. Notification Requirements

Serve all interested parties—parents, family, or proposed conservatee—to provide notice and an opportunity to object.

6. The Court Hearing

Present your case, explain your plans, and demonstrate that guardianship/conservatorship is the least restrictive option.

7. Duties of Office

Guardians handle education, healthcare, and welfare. Conservators manage finances, taxes, and legal obligations—both involve annual reports.

8. Changing or Ending the Order

Circumstances evolve. Either side can petition for termination or modification based on changes in the person’s ability or needs.

9. Work with Expert Counsel

Legal forms and fiduciary responsibilities can be overwhelming. A Oakland Family Law Attorney ensures accuracy, court compliance, and ongoing accountability—consult with an Oakland Family Law Attorney for help.