Judges and Judiciary,
Family
Dec. 16, 2020
Guardianships, the least restrictive alternative?
The premise of this inquiry lies in the relative ease in obtaining a guardianship, and the more difficult basis to terminate a guardianship once it is established.
Stanley Mosk Courthouse
Scott J. Nord
Judge
Los Angeles County Superior Court
Whittier Law School, 1996
In conservatorship proceedings, the standard applied by bench officers is whether the conservatorship is "the least restrictive alternative for the conservatee's protection." Probate Code Section 1800.3. Although the legal standard is not the same when a court considers a petition for a guardianship, the analysis of whether there is a lesser restrictive alternative to granting the guardianship remains pertinent. The premise of this inquiry lies in the relative ease in...
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