What is the difference between a guardianship and a trust?

The difference between a guardianship and a trust in California is that a guardianship is a legal relationship created when a court appoints an adult to care for a minor child or incapacitated adult, while a trust is an agreement between a trustor and a trustee in order to manage assets. A guardianship is typically used when a minor or incapacitated adult needs someone else to make decisions on their behalf. The guardian is responsible for making decisions regarding the physical, emotional, and financial needs of the person they are caring for. This includes decisions such as schooling, health care, and finances. The guardian must make decisions in the best interest of the person under their care. On the other hand, a trust is an agreement between a trustor and a trustee in order to manage certain assets. A trustor is the individual who creates the trust and the trustee is the individual who is responsible for managing the trust assets in accordance with the trustor’s wishes. A trust is usually set up as a way to manage, distribute, and protect assets from taxes, creditors, and other claims. Each of these types of legal documents can be beneficial in different ways. A guardianship is a great way to ensure that a minor or incapacitated adult is safe and well cared for, while a trust can be used to protect and manage assets.

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