When a loved one can no longer manage their own finances or make decisions about their care, someone needs to step in. California law provides two legal frameworks for this: conservatorship for adults and guardianship for minors.
Both involve court proceedings, ongoing oversight, and serious legal responsibilities. I guide families through the process personally — whether you’re seeking to establish, contest, or modify a conservatorship or guardianship.
Conservatorship vs. Guardianship
These terms are often confused, but they serve different populations:
- Conservatorship applies to adults who can no longer manage their own financial affairs (conservatorship of the estate) or make decisions about their own health and living arrangements (conservatorship of the person).
- Guardianship applies to minors whose parents are unable or unwilling to care for them. A guardian assumes legal responsibility for the child’s welfare, education, and daily needs.
Establishing a Conservatorship
To establish a conservatorship in California, you must file a petition with the Superior Court demonstrating that the proposed conservatee lacks the capacity to manage their own affairs. The process includes:
- Filing a petition and paying court fees
- Court investigator interview with the proposed conservatee
- Medical or psychological capacity assessment
- Hearing where the judge evaluates the evidence
- Appointment and issuance of Letters of Conservatorship
Once appointed, the conservator must file an inventory of the conservatee’s assets, provide regular accountings to the court, and make decisions in the conservatee’s best interest.
Contesting a Conservatorship
Conservatorships can be contested if there is evidence that the proposed conservatee retains capacity, that a less restrictive alternative exists, or that the proposed conservator is not suitable. I represent both those seeking conservatorships and those opposing them.
Guardianship of Minors
Guardianship is appropriate when a minor’s parents are deceased, incapacitated, incarcerated, or otherwise unable to provide care. The guardian gains legal authority over the child’s person, estate, or both.