In the United States, guardianships and conservatorships are regulated by state law, so the meaning of these two legal concepts varies from state to state. In most states, a guardian is a person with legal authority to make decisions on behalf of someone deemed incompetent.

However, in California, the term guardianship means obtaining legal authority to act on behalf of a minor. A conservator is the person appointed by the Judge to care for another adult who cannot care for themselves and/or their finances.

Below, Sole Law, APC, looks into the basic differences between these two legal court proceedings  and discusses how they overlap.

What is a Guardianship?

In California, guardianship is a court proceeding whereby a person other than a parent is awarded custody or legal authority over a child. This proceeding may not be necessary if one or both parents exist and are willing and can care for the minor.

To be appointed as a guardian in California, you must file a petition and get approval from the probate court. Once approved, you will become responsible to the court and assume all the fundamental duties and obligations. That is why you must clearly understand your role as a guardian.

What Does a Guardian Do?

When appointed as a guardian, you take over the responsibility for the minor and are obliged to ensure the child's care. In addition, you are required to perform parental duties, such as making decisions concerning education, religion, medical care, and social interactions.

If you are the guardian of the estate, you become responsible for the minor's property and assets. Your role includes distributing specified funds to the child's guardian of the person regularly. When the child turns 18, you can petition the probate court to terminate the guardianship.

What is a Conservatorship?

A conservatorship is a legal proceeding in which a court appoints someone to manage the financial affairs of a person who cannot make these decisions independently. The key difference between a conservatorship and a guardianship is that the former applies to an adult, and the latter applies to a minor. A conservator can act on behalf of a person or estate, overseeing an individual's personal affairs or finances.

What Does a Conservator Do?

One of the most important roles of a conservator is to manage a person's non-trust assets and maintain regular accounts with the court. The conservator's first accounting must cover the first year of the conservatorship. After the first accounting, accounts are required every two years, unless the court orders that accounts be made more frequently."

Contact a San Diego Estate Planning Attorney Today

We suggest you contact a San Diego estate planning attorney if you have questions about guardianship or conservatorship. At Sole Law, APC, we have experience in estate planning, trust administration, and probate law and can answer all your questions.

Contact us online or call (619) 369-9600 to discuss your guardianship or conservatorship needs with our leading San Diego estate planning attorney, Sole Gaona Webb.