A guardianship is a legal arrangement where a court designates an individual to oversee a minor child’s care and, in some cases, manage their assets. Typically, guardianships apply to children under 18 years old.

A conservatorship, on the other hand, involves a court appointing someone, known as a conservator, to handle the personal and/or financial matters of an adult who is unable to manage themselves independently. Conservatorships are often used for elderly individuals or adults with significant dependencies.

Guardianships in California

In California, there are two main types of guardianships: guardianship of the person and guardianship of the estate.

1. Guardianship of the Person: This type is needed when a child is under the care of an adult who is not their parent and requires legal authority to make decisions for the child. The guardian assumes responsibilities like those of a parent, including the child's health, education, and overall well-being. The guardian has full legal and physical custody of the child but should not be confused with adoption.

2. Guardianship of the Estate: This is required when a child possesses assets that need to be managed until they reach adulthood. For instance, if a child inherits significant money or property, a guardian of the estate must be appointed to handle these assets. In California, if a child inherits over $5,000 and no trust is set up, guardianship of the estate is necessary to manage the child's financial matters. 

Conservatorships

Like guardianships, conservatorships can involve overseeing a person, their estate, or both. They are categorized into general and limited conservatorships.

1. General Conservatorships: These are for adults who are unable to care for themselves or their finances due to conditions such as severe health impairments, advanced age, or vulnerability to exploitation. This type of conservatorship applies to those who need comprehensive support and protection.

2. Limited Conservatorships: Designed for adults with developmental disabilities who need assistance but not to the extent required in general conservatorships. The court appoints a conservator to assist with specific aspects of the conservatee's life and finances.

In both types of conservatorships, the appointed conservator has the authority to make decisions and manage the conservatee's needs. Individuals eligible to request a conservatorship include spouses, the conservatee themselves, relatives, or interested organizations.

How Mansoor Law Firm Can Help

We understand the complexities of guardianships and conservatorships. Whether you need to establish a guardianship to ensure a child's welfare or seek a conservatorship to protect an adult’s personal and financial interests, we offer expert guidance every step of the way.

Contact us today to discuss your needs and how we can support you in securing the best outcomes for your family. Fill out the form below, or email info@mansoorlawfirm.com today and we will quickly get back to you.