Guardianship and conservatorship both refer to one person being responsible for another. The main key difference between the two is that a conservatorship is the appointment of a conservator for an adult and a guardianship is the appointment of legal authority over a minor.
Conservatorship
Conservatorship is when the Court appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself. In California, three different types of conservatorships could be granted by the Court: general probate conservatorship, limited conservatorship, or an LPS conservatorship.
General Probate Conservatorships:
A court will grant a general probate conservatorship to an adult with a disability. In general conservatorships, the Court appoints a conservator to care for another conservatee. It gives the conservator the power to act on behalf of the conservatee, who cannot care for themselves or their finances. A court will grant this type of conservatorship usually when a conservatee is an elderly person or a person who is seriously impaired, by for example a car accident. The conservator has full authority over the conservatees’ finances, physical autonomy, health, and all other significant decisions.
Limited Conservatorships:
Limited Conservatorship is like general probate conservatorship, but as stated in its name it’s more “limited” than a general conservatorship. This type of conservatorship was created to meet a specific need of a person with a developmental disability, this includes a person with autism, epilepsy, cerebral palsy, etc. In a limited conservator, the conservator may have up to seven powers, which are:
- a) To determine the residence of the conservatee.
- b) To have access to confidential records of the conservatee.
- c) If whether or not the conservatee can get married.
- d) If whether or not the conservatee can enter into a contract.
- e) To give consent for medical treatment for the conservatee.
- f) To control social and sexual contacts for the conservatee.
- g) To make educational decisions for the conservatee.
LPS (Lanterman-Petris Short Act) Conservatorships:
LPS conservatorships are reserved for adults with serious mental illness or substance abuse issues, who because of their mental disorder, the person is unable to provide for themselves with food, clothing, or shelter. For a conservator to be appointed the conservatee must suffer from serious mental illness including bipolar disorder, schizoaffective disorder, clinal depression, etc.
Guardianship
A guardianship is where the Court gives legal authority over a minor (a person under the age of eighteen) to another adult. A guardianship does not create a parent-child relationship, and it is not the parent of the child that the Court grants guardianship. There are two types of guardianship: guardian of the person or a guardian of the estate.
Guardianship of the Person
A guardianship of the person is when a child is living with an adult and needs legal authority to make decisions on behalf of the child. A guardianship will be appointed by the Court when no parent is available to meet the needs of the child due to the parent’s death, incapacity, abandonment, military obligations, or any other reasons. As the guardian, they must provide for the general well-being and safety of the child.
Guardianship of the Estate
The guardianship of the estate is when the Court appoints an adult to take care of a child’s property. In this situation, the Court appoints an adult who would be able to handle the minor’s assets. This type of guardianship is needed if the child has a lot of money, income, or property, and needs guidance on how to manage it. An example of this type of guardianship is when a child inherits a lot of money from a parent who passed away.
Getting a conservatorship or guardianship is not something the courts take lightly, and the Courts make the process incredibly complex. We can meet with your family to understand your needs and provide a step-by-step process on how to accomplish them.
If you have any questions or inquire about more details about how to get a conservatorship or guardianship, please do not hesitate to contact us for more information.