California recognizes two types of probate guardianship:
Guardianship of the person — You assume parental responsibilities for a child’s health, safety and welfare. You become responsible for providing a safe and loving environment for the child until the parents are ready to resume their responsibilities or the child reaches the age of majority. An interested party may petition to end the guardianship at any time.
Guardianship of the estate — You are awarded the authority to manage a child’s assets and property until the child reaches the age of majority. This is necessary when a child receives a large inheritance or has a career that generates significant income.
Conservatorships for Adults
Like guardianships, a conservatorship can be “of the person” or “of the estate.” The court makes these appointments when a formerly independent adult suffers a lack of capacity due to age, illness or declining health. A conservator assumes responsibility for decisions relating to the adult’s medical care and/or finances. In our estate planning practice, we often encounter disputes over conservatorships, as various relatives vie for a position of influence over an elderly benefactor. Our attorneys can help you render the care your loved one deserves while guarding against allegations of undue influence or violations of fiduciary duty.