Conservatorship vs Guardianship: Choosing the Right Arrangement in California
- janelle573
- Apr 9
- 3 min read
There may come a time when you become unexpectedly responsible for another person. Whether that person is a child or adult, if they are not able to manage their affairs on their own, you may want to consider either a conservatorship or guardianship.
In such cases, the courts appoint a conservator or a guardian to help manage financial or personal affairs on the individual’s behalf. But is a conservatorship or a guardianship the better option for you and your loved one? An attorney and local laws will help determine the correct answer to that question for your individual situation.
In this article, we’ll define basic conservatorship and guardianship relationships, as defined by California state law, explain how they work, and why you would choose one or the other. Let’s dive in.
What is a conservatorship?
In the state of California, a conservatorship is an arrangement where a conservator can make necessary decisions on behalf of someone who is no longer competent to manage their own affairs. There is high court oversight and frequent check-ins (which make a conservatorship an expensive option to consider), but there is a higher degree of control for the conservator than alternatives (as explained, next).
In this state, you can be either a conservator of the person or a conservator of the estate (i.e., a conservator of their financial affairs exclusively).
Conservatorship alternatives
Simply stated, a conservatorship is usually a last line of defense. If the loved one in question is still of sound body and mind, there is rarely a need for things to escalate to a conservatorship. Instead, consider speaking to an attorney about setting up a power of attorney, living trust, an individual program plan, living will, and other such documents.
How to get a conservatorship
To establish a conservatorship, you or another relevant party must petition the court to have a conservator appointed.
This petition should include:
Solid proof that the individual cannot manage their affairs on their own.
Information on why the conservatorship is being requested.
Justification for appointing a conservator.
Information on why the chosen conservator is the best choice for the role.
What is guardianship?
In the state of California, guardianship is a legal arrangement that grants a non-parent adult the legal responsibility for the care of a child. A guardianship is for persons under 18. (Source)
In this state, you can be either a guardian of the person or a guardian of the estate:
A guardian of the person is responsible for the child and their care, as mentioned before, making their role as similar as possible to that of a parent.
A guardian of the estate, on the other hand, is someone responsible for managing that child’s finances.
Some children need both, and some children need only one or the other. Different individuals can be chosen for these respective roles, or the same individual can be appointed to care for both.
Guardianship alternatives
The alternatives to guardianship are similar to that of conservatorship. However, there are additional considerations for children that include:
An individualized education plan for children with disabilities.
Or a caregiver’s authorization affidavit, which grants temporary rights to someone providing care to a child to allow that adult to make healthcare decisions or enroll the child in school without the formal guardianship in place
How to establish guardianship
In the state of California, the process begins with filing a petition with the probate court. From there, there may be initial investigations and reports to establish the need for guardianship and the capacity of the guardian to manage care.
Closing Thoughts: Conservatorship vs. guardianship
While many of the basic principles of conservatorship and guardianship are similar, the main difference is the age of the individual in need of care. If the individual is under the age of 18, guardianship is the more appropriate option in most cases. If the individual is over 18, a conservatorship may make the most sense.
The California Caregiver Resource Center of Orange County is here to provide assistance and guidance to caregivers in Orange County, CA. If that sounds like you, we invite you to check out our library of resources to help you navigate this experience. Together, we can navigate the healthcare landscape and help you provide the best possible care for your loved one(s).
Further Reading: Pet Therapy: Benefits and Considerations for Seniors
As a family caregiver, your loved one's quality of life matters to you. This may make it tempting to try all sorts of things to make life a little better for them. As such, you may have come across pet therapy in your research. For many, pet therapy is a great avenue – it can help with anxiety, physical limitations, mental disorders, high blood pressure, and even emotional trauma.
But that doesn’t mean it’s the best idea for everyone. Read all about it here: Pet Therapy: Benefits and Considerations for Seniors
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