Conservatorships & Guardianships.

A conservatorship begins when the person who wants to assist an impaired adult files a petition with the court seeking appointment as conservator of the person (to help with food, clothing, medical care, and other personal needs), conservator of the estate (to manage financial affairs), or both.

Because a conservatorship limits the conservatee's right to manage their own affairs, courts do not grant them lightly. The person seeking appointment must demonstrate the need with physician declarations and other evidence about the proposed conservatee's impairment, and must pass a background check showing they are qualified and fit to serve. A court investigator conducts an independent investigation. The proposed conservatee is entitled to counsel, and the court will appoint an attorney if they do not already have one. If the proposed conservatee does not object, the court grants the conservatorship once the need is adequately shown; if they object, a trial may be required.

Conservatorship proceedings can be involved and often require a delicate touch — family relationships can be permanently damaged. A qualified attorney works toward a favorable resolution while minimizing distress to the proposed conservatee and the family.

Once a conservatorship is established, the conservator has continuing duties and reporting requirements:

• For a conservatorship of the estate, the conservator must file accountings with the court on a regular basis, showing how the conservatee's assets are being managed.
• If the conservatee's assets must be sold, the conservator must obtain court approval before any sale.
• If the conservatee must be moved from their home, the conservator must follow specific legal procedures so the court can be assured the move is in the conservatee's best interests.

Many conservatorships are established because the proposed conservatee has developed dementia or suffered another significant mental or physical impairment. Conservatorships are also used where a person was born with a developmental disability that makes it difficult to handle personal and financial affairs after reaching adulthood.

For those situations, California offers a limited conservatorship, developed specifically for developmentally disabled adults. It provides targeted assistance while promoting the conservatee's ability to live as independently as possible — ensuring someone has the legal authority to handle the specific tasks the individual cannot manage on their own.

In California, a guardianship is a court proceeding in which someone seeks legal authority to act for a minor child. A guardian of the person has authority to provide for the minor's personal needs — food, clothing, shelter, medical care — but not to manage the minor's financial assets.

A guardianship of the person is often necessary when both parents have died, leaving no one with the legal authority or obligation to provide for the minor. If the parents named a guardian in their wills, that person can petition for appointment, and the court will appoint them after an investigation if it finds the appointment is in the minor's best interests. If no will nominates a guardian, relatives have the first claim — but every appointment must be approved by the court, and only after it is satisfied the person is fit to serve.

If both parents have died and the child owns assets or has inherited property, a guardianship of the estate will also be required. The guardian of the estate may or may not be the same person serving as guardian of the person. As with a guardian of the person, the court investigates the proposed guardian and approves the appointment only when satisfied they are fit to serve.

A guardianship of the estate can be needed even when the child's parents are both alive. For example, if a grandparent dies leaving a life insurance policy or retirement account payable to a minor grandchild, a guardianship of the estate is almost always required to collect and hold the proceeds until the child reaches adulthood.