When protecting the interests of a loved one who can’t care for themselves, you might hear the terms “conservatorship” and “guardianship.” While they may seem alike, they serve different purposes under California law. Knowing these differences can help you make better choices.
Conservatorship is a legal process where a court picks a person (the conservator) to manage the personal care or financial matters of an adult who can’t do so themselves. This might be due to age, illness or disability. There are two main types of conservatorships in California:
- General conservatorship: Usually for adults who can’t manage their care or finances.
- Limited conservatorship: This is for adults with developmental disabilities who can handle some parts of their lives but need help with others.
Guardianship, on the other hand, involves caring for children. When parents cannot, a guardian takes care of a child’s needs, including housing, schooling and medical care.
Key differences
Here are the main differences between conservatorship and guardianship in California:
- Age of the person: Conservatorships are for adults, while guardianships are for children.
- Scope of duty: Conservators handle personal care, financial matters, or both for adults, while guardians manage the overall well-being of children.
- Court involvement: Both processes need court approval, but the criteria and procedures differ.
Knowing these distinctions is vital when deciding the best path for your loved one. If you are thinking about either conservatorship or guardianship, talk to a legal counsel who can help you set up such a plan for your loved one.