Guardianship and Conservatorship in California
When a loved one is unable to care for themselves due to age, incapacity, or disability, legal intervention may be necessary to ensure their well-being. In California, this typically involves guardianship or conservatorship. While both legal arrangements grant decision-making authority over another person, they serve different populations. Understanding the differences between guardianship and conservatorship, as well as the legal process involved, is crucial for those considering these options. In Los Angeles and the San Gabriel Valley, the Claremont estate planning attorneys at Blasser Law strive to meet the needs of individuals and families to avoid the need for guardianship or conservatorship through thoughtful planning, or to represent parties in legal proceedings when guardianship or conservatorship is in the best interests of all concerned.
What Is Guardianship?
Guardianship in California applies to minors whose parents are unable to care for them due to circumstances such as death, incapacity, or other serious issues. A guardian is appointed by the court to make decisions regarding the child’s well-being, including their education, healthcare, and daily living arrangements.
There are three primary types of guardianship in California:
- Informal Guardianship – Grants physical custody of a minor to the guardian for a short period of time with limited decision-making authority. A parent who is hospitalized or out of the country might seek informal guardianship for their children, for example.
- Permanent Guardianship – If the child’s parents are deceased or permanently incapacitated, a permanent guardianship should be established so the child has a formal legal guardian authorized to make decisions regarding the minor’s healthcare, finances and upbringing.
- Temporary Guardianship – This is typically an intermediate, emergency step on the way to Permanent Guardianship, which requires a formal courtroom hearing. A court can appoint a temporary guardian on short notice to ensure the child is cared for during the pendency of the permanent guardianship process.
What Is Conservatorship?
Conservatorship, on the other hand, applies to adults who cannot manage their personal or financial affairs due to physical or mental incapacity. The court appoints a conservator to make necessary decisions on behalf of the incapacitated individual (the conservatee).
California courts customize conservatorships to meet the specific needs and capacity of the particular conservatee. That said, the conservatorship will fall into one of three categories of conservatorship authorized in the California Probate Code: General, Limited, or LPS. A general conservatorship is broader in scope and includes fuller authority, whereas a limited conservatorship is viewed as more of a supportive role to a person with limited capacity, enabling them to exercise their independence to the full extent possible. An LPS conservatorship, named after the Lanterman (Lanterman-Petris-Short) Act, is specific to adults living with mental health challenges.
Courts also can implement a conservatorship of the person, the estate, or both, as needed:
- Conservatorship of the Person – The conservator manages the personal needs of the conservatee, such as healthcare, housing, and daily care.
- Conservatorship of the Estate – The conservator is responsible for managing the conservatee’s financial affairs, including paying bills, handling investments, and protecting assets.
Conservatorship is often used in cases of dementia, developmental disabilities, or severe mental illness, and it may be temporary or permanent depending on the individual’s condition. As with guardianships, conservatorships may be instituted temporarily until a comprehensive evaluation to decide whether to appoint a conservator permanently.
The Legal Process for Appointing a Guardian or Conservator in California
Both guardianship and conservatorship require court approval through a structured legal process:
1. Filing a Petition
The process begins by filing a petition in the probate court. The petition must outline the need for guardianship or conservatorship, the relationship to the proposed ward or conservatee, and the specific responsibilities requested.
2. Court Investigation
For guardianships, the court will often assign an investigator to interview the child, parents (if available), and the proposed guardian to determine if the appointment serves the child’s best interests. In conservatorship cases, a court investigator evaluates the proposed conservatee’s mental and physical condition and may seek input from medical professionals.
3. Notification and Hearing
Relevant parties, including family members, must be notified of the petition. They have the right to object or propose alternative arrangements. A court hearing is then held where a judge reviews the evidence and determines whether the appointment is necessary and in the best interest of the minor or incapacitated adult.
4. Court Approval and Supervision
If approved, the guardian or conservator is appointed and granted legal authority. They are subject to ongoing court oversight, including periodic reports and financial accounting to ensure compliance with legal obligations.
Responsibilities of Guardians and Conservators
Both guardians and conservators are entrusted with significant responsibilities and must act in the best interests of the individual under their care. Their duties include:
- Providing for the personal and medical needs of the minor or conservatee
- Managing finances responsibly (if appointed as an estate guardian or conservator)
- Maintaining records and reporting to the court as required
- Seeking court approval for major decisions, such as moving the conservatee to a care facility or making significant financial transactions
Choosing the Right Legal Path With Blasser Law in Claremont
Determining whether guardianship or conservatorship is necessary depends on the circumstances of the minor or adult in need of care. If you are considering petitioning for guardianship or conservatorship in California, consulting with an experienced estate planning attorney can help ensure the process is handled smoothly and in accordance with state laws.
At Blasser Law, we assist families throughout Claremont, Los Angeles, and the San Gabriel Valley with guardianship and conservatorship matters. Contact us today for a consultation to discuss your specific needs and how we can help protect your loved ones.
