Yes, a DUI can prevent you from being a legal guardian or conservator.
However, a DUI is only one of many factors the courts consider when deciding whether somebody should be a legal guardian or conservator, so a single DUI doesn’t automatically exclude you from consideration.
A Los Angeles DUI Lawyer can help you understand your rights and learn about your options for overcoming this challenge.
Understanding Guardianship and Conservatorship
While California DUI penalties don’t explicitly prevent you from becoming a conservator or legal guardian, a DUI can make a judge worry about your ability to properly care for somebody else.
What Is a Guardianship?
Probate guardianship in California is when an adult is appointed by a court to care for a minor.
Guardianships are usually established when parents are unwilling or unable to care for their children.
There are two guardianship types:
- Guardianship of the person, which involves making decisions about the individual’s personal care like where they live, what they eat, and who they associate with
- Guardianship of the estate, which involves managing an individual’s financial affairs, including their income, property, and expenses
What Is a Conservatorship?
In California, a conservatorship is a legal arrangement in which a court appoints an adult–known as the conservator—to manage the affairs of an incapacitated adult.
Conservatorships usually happen when an individual is unable to make their own decisions due to mental or physical impairments like Alzheimer’s disease, dementia, or a severe physical disability.
Who Can Become a Guardian or Conservator?
Guardians and conservators are typically family members or friends of the individual, although they may also be professionals appointed by the court.
The courts consider several factors when choosing a legal guardian or conservator, such as:
- Relationship to the person: The courts usually prioritize family members and close friends since they’re likely to already have a strong emotional connection.
- Qualifications and character: The potential guardian or conservator must be deemed trustworthy, responsible, and capable of handling the responsibilities of the role, which is where a DUI can hurt your chances.
- Ability to provide appropriate care: The court will assess the individual’s ability to provide the necessary care, whether it be personal, financial, or both.
- Best interests of the person: Ultimately, the court’s decision will be based on what it believes is in the best interest of the minor or incapacitated adult. A single DUI without a pattern of alcohol or drug abuse may still be in the best interests of the individual.
How Does a DUI Affect Your Eligibility?
You may still be eligible to become a legal guardian or conservator, but California’s “Zero Tolerance” law for DUI offenders will make it much more difficult.
In addition to a DUI making a judge question your decision-making skills and ability to care for another person, being a legal guardian or conservator can be much more difficult if you’re dealing with consequences like:
- A suspended driver’s license
- Being on probation
- Debt from fines, court fees, and court-mandated DUI school
- The loss of a professional license, which can make it hard for you to work in your chosen field
Severity Matters
The severity or number of your DUI infractions can make a big difference in whether or not you are prevented from becoming a guardian or conservator.
Each of these examples has very different odds of being approved as a conservator or guardian:
- A single DUI where your blood alcohol concentration (BAC) was barely over the legal limit, nobody was injured, and you didn’t have a minor in your vehicle at the time
- A single DUI where you had a minor in your vehicle, you were involved in an accident, and somebody was injured
- Multiple DUIs in only a few years or another pattern showing a likely substance abuse problem
The Court’s Focus: The Best Interests of the Ward
The court’s focus is always on what is in the best interests of the ward. A judge may decide that a single DUI from several years ago is not a problem and that you’re still the best option to be a guardian or conservator.
Or, a judge might decide that your DUI is evidence of a problem and that the individual might encounter harm if you’re appointed their guardian or conservator.
Seek Legal Guidance
Whether you were recently arrested for a DUI or whether you received a DUI years ago and are just now looking into becoming a guardian or conservator, a DUI lawyer can help you.
A free consultation can give you an idea about what options are available to help you overcome the challenges posed by your DUI.
Contact a Los Angeles DUI Attorney
If you’re trying to become a legal guardian or a conservator and are worried about your DUI causing problems, Los Angeles DUI Attorney can connect you with a DUI lawyer who will offer you a free consultation.
A DUI doesn’t have to ruin your life or stop you from becoming a guardian or conservator, but time is of the essence, so talk to a DUI lawyer as soon as you can to discuss your options.
