What is a Guardianship?

In the state of California, a Guardianship is a legal arrangement in which a court appoints an individual, called a Guardian, to manage the affairs of another person, called a Ward. Guardianships are typically established for minors or adults who are unable to manage their own affairs due to physical or mental disability. The court will appoint a Guardian who must ensure the Ward’s basic needs, like food, clothing, medical care, and shelter, are met. The Guardian will be responsible for managing the Ward’s assets, including any bank accounts, investments, or real estate. A Guardianship for an adult is regulated by the California Probate Code and is often referred to as a conservatorship. A Guardianship for a minor is regulated by the Welfare and Institutions Code and is also referred to as a guardianship of the person. In either situation, the court will appoint a Guardian after considering the wishes of the Ward or their family members, if any. The goal of a Guardianship is to ensure the Ward’s safety, well-being, and financial security. The Guardian is expected to act in the Ward’s best interests, manage their assets, and ensure their welfare and safety. The responsibilities of the Guardian are best exercised when there is a plan in place, which is typically done through the development of a disability plan. Creating a disability plan is an important part of disability planning law and is typically used to manage a Ward’s assets and ensure their financial security. A disability plan also serves as an important tool for Guardians who are charged with the responsibility to manage the affairs of their Ward.

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What is a Guardianship?

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