What is the difference between a guardian and a custodian?

The difference between a guardian and a custodian in California is largely based on the rights and responsibilities of each. A guardian is a legal representative appointed by the court to make decisions on behalf of an incapacitated adult or minor child. They have the authority to make decisions regarding the personal healthcare, welfare, and financial matters of the ward. A custodian, on the other hand, is a person appointed by the court to act as custodian of the financial assets of an incapacitated adult or minor child. Unlike a guardian, a custodian does not have the authority to make decisions on behalf of the ward. Instead, the custodian is responsible for the management, conservation, and protection of the assets of the ward. In most circumstances, the custodian is not responsible for decisions regarding the personal healthcare and welfare of the ward. In California, guardianship law states that the court must find that a guardian or custodian is in the best interest of the adult or minor child before granting them such status. In addition, the court will often appoint a guardian ad litem to represent the rights of the incapacitated adult or minor child. This ensures that their best interests are always taken into consideration when making decisions about their care.

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