A conservatorship is a court proceeding where a judge appoints someone (called a “conservator”) to protect a person who is unable to handle his or her own care or finances. Conservators are usually a family member, friend, or a professional conservator (that is, someone who will perform this role as a job), are given the legal authority to make decisions on behalf of the person they are protecting, and are legally obligated to act in that person’s best interest. Conservators tend to be needed when a person has suffered an incapacitating accident, when they are developmentally disabled, or when they have become too old or too sick to make good decisions for themselves and/or their property. Think of it like the court appointing a guardian to ensure the at risk person receives the daily care they need, and to protect them from anyone unscrupulous enough to take advantage of their weakened condition.

Typically there are two types of conservatorships: conservatorship of the estate, and conservatorship of the person. One conservator can perform both roles, or two conservators can be appointed with each responsible for a distinct set of needs.

A conservatorship of the estate is appropriate when a person is unable to manage their finances. In such situations, the conservator will usually take control of the person’s assets and make sure the bills are paid, investments are made, income from investments (for instance, rent from a rental home) is collected, while being in regular contact with the court to account for the money earned and spent.

A conservatorship of the person is appropriate when a person has difficulty handling their own daily care. In such situations, the conservator will oversee day-to-day care, including making decisions regarding housing, food, entertainment, and medical care.

Conservatorships have legal requirements that must be met, so if you are wondering whether your situation is appropriate for one — or if you want to make certain that you get to decide who is named as conservator for you in the event you need one — please contact us at (415)439-0653 to schedule a free consultation to discuss which estate planning product is best for you, or click here to schedule a time online.

A Guardianship is a court process by which a person other than a child’s parent is given custody of the child or authority over the child’s property. Appointment as guardian requires the filing of a petition and approval by the court, and is typically granted to relatives, friends of the family, or other interested persons with a connection to the child. The classic situation in which a guardian is appointed is when no parent is available to meet the needs of the child because of the parents’ death, incapacity, abandonment, military obligations, drug or alcohol abuse, prison, or for other reasons.

In California, the primary way to seek guardianship of a child is in probate court, and is known as a probate guardianship (note: there are sometimes special circumstances in which a probate guardianship is unavailable, and the person seeking guardianship must do so via juvenile court guardianship). There are two types of probate guardianships: guardianship of the estate, and guardianship of the person. One guardian can perform both roles, or two guardians can be appointed with each responsible for a distinct set of needs.

A guardianship of the estate is set up to manage a child’s income, money, or other property until the child turns 18. A child may need a guardian of the estate if he or she inherits money or valuable assets, and will not need one if the child only owns inexpensive toys and clothing, or if the child receives social security benefits or welfare (TANF/CalWorks). In most cases, the court appoints the surviving parent to be the guardian of the child’s estate. The guardian of the estate must manage the child’s money, make smart investments, and manage the child’s property carefully.

In a guardianship of the person situation,  the guardian has the same responsibilities to care for the child as a parent would. That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. The guardian is responsible for the child’s care, including the child’s food, clothing, shelter, safety and protection, physical and emotional growth, medical and dental care, education, and any special needs.

Guardianships can be complex, and have different rules depending on whether Child Protective Services is involved in the child’s case, whether the child is a dependent of the juvenile court, or whether the child is eligible for a probate guardianship. If you would like to speak with an attorney at no cost to you regarding your situation, please contact us to schedule a free consultation at (415)439-0653, or click here to schedule a time online.