If you’re wondering about the differences between a conservatorship and guardianship in California, you’re not alone. Many people even use the terms interchangeably, but they are two different and distinct legal processes. Choosing the right option that fits your situation is important. This can be confusing on your own, but an attorney can help.
At Filippi Law Firm, P.C., our California probate attorneys are ready to help. We help you establish an appropriate conservatorship or guardianship whenever necessary. Get in touch today to learn more.
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What Is a Conservatorship?
A conservatorship is a court-supervised system that allows someone to manage the personal and financial affairs for someone because of:
- Disability
- Illness
- Impairment
- Advanced age
The person the court appoints is called the conservator. They help the vulnerable person, called the conservatee.
California has two main types of conservatorship:
- Conservatorship of the Person: The conservator makes decisions about the conservatee’s daily care, medical treatment, living arrangements, and well-being.
- Conservatorship of the Estate: The conservator manages the conservatee’s finances, including income, assets, bills, and financial decisions.
In some cases, both may be applicable. There is usually annual reporting and strict fiduciary duties for anyone acting as a conservator. When this isn’t necessary, less restrictive options like a power of attorney might be more appropriate.
What Is a Guardianship?
A guardianship is designed to protect minors instead of adults. A guardianship is usually appropriate when the parents cannot care for the child because of:
- Abuse
- Neglect
- Incapacity
- Incarceration
- Substance abuse
- Other dangerous circumstances for the child
California recognizes two types of guardianship:
- Guardianship of the Person: The guardian provides for the child’s physical care, education, medical needs, and daily life.
- Guardianship of the Estate: The guardian manages money or property the child owns or inherits.
Conservatorship vs. Guardianship: What Are the Main Differences?
Both seem similar, but there are some major differences that matter.
1. Who the Process Is For
- Conservatorship: This is for adults who need help caring for themselves or their financial matters.
- Guardianship: This is designed for those under the age of 18 who need someone to care for them more like a parent.
2. Legal Authority Granted
- Conservators: Conservators make decisions for adults. Usually this is for where the person will live, how they spend their money, and their medical decisions.
- Guardians: Guardians make decisions more similarly to how a parent would decide things for their child.
3. Court Oversight
Both guardianships and conservatorships have the court supervising. Conservatorships usually require stricter reporting and financial accountability however, because the conservator is acting on behalf of another adult.
4. Duration
- Conservatorships: A conservatorship will usually last until the court says so. They usually end because of death, a change in capacity, or other change of circumstances.
- Guardianships: Guardianships end automatically when the child turns 18. If continued care is needed, a conservatorship may be appropriate.
5. Alternatives Available
Adults can often avoid conservatorship by signing:
- A durable power of attorney
- An advance health care directive
- A living trust
When a Conservatorship May Be Necessary
A conservatorship may be appropriate when an adult:
- Has dementia or Alzheimer’s disease
- Suffers from a developmental disability
- Experiences severe mental illness
- Is unable to manage finances or resist undue influence
- Has no valid powers of attorney or estate planning documents
California courts require proof that the adult cannot manage their affairs and that no less-restrictive alternative will protect them.
When a Guardianship May Be Necessary
Guardianship may be needed when:
- A parent dies or becomes incapacitated
- A parent struggles with addiction or mental illness
- A parent is incarcerated
- A child inherits money or property
- A minor needs long-term stability and care
Get the Conservatorship or Guardianship You Need in California
While equally important, conservatorships and guardianships are not the same. Knowing which better fits your situation can make a massive difference in caring for a vulnerable person.
Let the dedicated probate attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
