What is an alternative to guardianship?

An alternative to guardianship in California is called a conservatorship. This arrangement is similar to a guardianship, where a court-appointed individual, known as a conservator, is responsible for making decisions on behalf of an incapacitated adult. The main difference between conservatorship and guardianship is that the conservator must report to the court on a regular basis and receive permission before taking certain actions. Another alternative to guardianship is a durable power of attorney. This is a document that allows an adult (the Principal) to appoint someone (the Agent) to handle their financial affairs. The Agent is legally bound to act in the Principal’s best interest, but their scope of authority is much more limited than that of a conservator or guardian. It is also possible for a trusted adult to create a trust, which is a document that allows them to specify how their assets will be handled following their death or incapacitation. In California, adults may also create a living trust, which allows them to specify how their assets can be managed in the event they become incapacitated. Finally, in California adults may designate a health care attorney-in-fact. This is an individual appointed by the principal to make medical decisions in their stead. The principal must provide an exact definition of the power delegated to the attorney-in-fact for this arrangement to be legal.

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What is an alternative to guardianship?

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