Guardianship vs. Conservatorship in California: What's the Difference?
If you’re wondering about the difference between a guardianship and a conservatorship, in California it comes down to age. A guardianship is for a child under 18, and a conservatorship is for an adult who needs help with their care or finances. In both, the court appoints someone to step in and make decisions on another person’s behalf.
The one difference that matters most
In California, the dividing line is age:
A guardianship is for a minor — a child age 17 or under.
A conservatorship is for an adult — someone 18 or older.
Other states use the words differently. In some states “guardianship” covers adults too, which is where a lot of the confusion comes from. But in California, if the person you're trying to protect is a child, you're looking at guardianship. If they're an adult, you're looking at conservatorship.
What a guardianship does
A guardianship is a court proceeding in which a judge appoints someone other than the parent to have legal and physical custody of a child, to manage the child's finances, or both. Guardianships typically come up when a child's parents can't provide care because of death, serious illness, substance abuse, military deployment, or incarceration.
The guardian steps into the parent's role, with the authority and the responsibility to provide housing, food, and clothing, to enroll the child in school, and to make sure the child's medical needs are met. When the child turns 18, the guardianship ends because they're now an adult.
What a conservatorship does
A conservatorship is a court proceeding in which a judge appoints a responsible adult (the conservator) to make decisions for another adult (the conservatee) who cannot provide for their own needs or manage their own finances. California actually has two main types of probate conservatorship, and knowing which is which helps a lot:
A general conservatorship is for an adult who has lost capacity — most often through dementia, Alzheimer's, or a traumatic brain injury.
A limited conservatorship is for an adult with a developmental disability, which is a condition that began before age 18, such as autism, intellectual disability, cerebral palsy, or epilepsy. A limited conservatorship grants only the specific powers the person actually needs, preserving as much of their independence as possible.
What both have in common
The process is somewhat similar for both types of cases. You file a petition with the probate court, close relatives receive legal notice, a court investigator looks into the situation, and a judge makes the final decision at a hearing.
Need assistance with a guardianship or conservatorship?
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You can also read more about each option here: Limited Conservatorship · General Conservatorship · Guardianship
This article is general information about California law and is not legal advice. Terminology and procedures differ from state to state. For guidance on your specific situation, please consult a qualified attorney.
