The term guardianship refers to a protective proceeding in court. In California, a Guardianship may be set up for a minor. In other states, a Guardianship is the equivalent of the California Conservatorship of the Person of an adult. Having a trusted guardianship attorney in court tells your side of the story to the judge in Los Angeles.
There are themes that are common to both a Guardianship and Conservatorship as we list below:
- In a Guardianship, any sale must be approved by the court. A Guardian cannot sell the property of the ward/ minor without court approval. Same is true of conservatorship sales or real property.
- Where there are assets involved, a Guardian must account to the court based on a schedule set by the court. Same accounting rules are true for conservatorships.
- A guardian and conservator must act in the best interest of the disabled or minor and owe a duty of loyalty to the ward or conservatee. A duty of loyalty means that the interests of the disabled person or minor must come before the interests of the guardian or conservator.
- An inventory of the guardianship estate is required by the court and must be timely filed.
- If a parent applies to be a guardian of the estate of a minor, the parent must first use his own resources to support the minor. Courts in California are reluctant to allow a parent to use the minor’s assets to support him or her.
Read our guide to Guardianships of estates here.
If you have questions about guardianship or conservatorship, call Mina Sirkin, Los Angeles Guardianship lawyer at 818.340.4479