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In most states, the terms “Guardianship” and “Conservatorship” are one and the same; interchangeable. California, however, has a very clear distinction between the two. A guardian is someone who takes care of a child under the age of 18 when the child’s parents are deceased or incapable of properly caring for the child. A conservator, on the other hand, is someone who must take care of certain aspects of a child’s life once they turn 18 (or become a legal adult) because they are developmentally disabled. Developmental Disability Being developmentally disabled means the individual has been diagnosed with an ongoing disability (i.e. autism, cerebral palsy, or epilepsy) prior to turning 18. Some disabilities excluded as reasons for setting up a conservatorship include brain trauma, depression, and anxiety disorders. Types of Conservatorships There are two types of conservatorships: general and limited. A general conservatorship strips the disabled person of all individual autonomy. Basically, it eliminates their civil and legal rights, removing their ability to make decisions on everything from finances, healthcare, and education. In a limited conservatorship, the developmentally disabled individual retains most of their civil and legal rights. Instead, the court appointed conservator may only have control over specific aspects of the person’s life, which may include the individual’s living arrangements, ability to access confidential records and enter into contracts, social and sexual relationships (including marriage), healthcare, and education. The Dangers of Conservatorship The goal of a conservatorship is always to appoint a trustworthy, responsible person as conservator. However, because anyone over the age of 18 can become a conservator, this isn’t always the case. Half of all conservators in the U.S. are strangers, usually someone from the California Department of Developmental Services or a paid professional. Also, if a conservator dies, the judge will select a new conservator regardless of who the deceased conservator may have wanted to succeed them. Because of this, conservators may easily take advantage of the conservatee, whether financially, emotionally, or physically. Though there are safeguards when it comes to finances, many people still find ways to exploit the conservatee for financial gain. Conservatorships also do not protect against sexual or physical abuse, nor do they offer protection if a conservatee is arrested. Minor Conservatorships Though conservatorships in California are generally meant for adults, there are a few exceptions. When both biological parents die, a guardian will be appointed to care for the child’s health, education, and general well-being, but a conservator may be appointed to care for the minor’s financial estate, especially if they receive certain assets and property as part of a will or trust. A conservator may also be setup for a minor if the child needs specialized care the parents are unable to provide. With all of this in mind, conservatorship should always be a last resort. Setting up a power of attorney or hiring an advocate for decision-making may be better options for your specific circumstances. Call King Law Firm Attorneys at Law, Inc. to discuss your options.

Becoming a guardian is an admirable thing to do. Guardianship protects children but does not strip away the rights of the biological parents. In other words, once the parents are again able to provide the child a safe environment, the child may return to them safely. However, there may be occasions when the biological parents are never able to properly care for their child. When this happens, it may be time to sever all rights the biological parents may have by officially adopting the child. Below are five steps to go from guardianship to adoption of a ward. 1. Ask the child if they would like to live with you permanently Depending on their age, the court may ask the child directly if they would like to be adopted. Talking to the child about what adoption would mean and why you would like to adopt them makes sure they are mentally ready for the next steps, and that it is the right course of action. If the child is younger, having this conversation with them will ensure that what you are doing doesn’t frighten them or cause friction later. If the child is closer to 18, it may be best to remain a guardian. 2. Contact an adoption lawyer If both the guardian and the child are in agreement that adoption is appropriate, the next step is to hire an adoption lawyer. This will help ensure the process runs smooth and that all paperwork is done correctly. A good adoption attorney will also walk you through the process with ease and help fight for you when it comes to objections from the biological parents. 3. Obtain a home study In California, the guardian must first obtain a home study to adopt a child. A home study helps the state verify that the home is stable, answers any questions you may have, and helps you understand all adoption opportunities. The process may feel overwhelming at first, as it requires individual interviews, home visits, background checks, physical exams, and the verification of financial and employment records, but it’s the best, most thorough way to verify the adoption is in the best interest of the child. 4. Finalize the guardianship to adoption process in court Whether the biological parents voluntarily agree to terminate their parental rights or the court mandates such termination, the final step for adoption is getting a judge to finalize the adoption. Contact King Law Firm Attorneys at Law, Inc. for more information and a complimentary consultation.

People change, jobs change, environments change. When you have children, these changes can become complicated and stressful, especially if it means relocating a child out of state. Whether you have custody or guardianship over a child, if another parent or family member is still in the picture, moving with a child can become complicated, especially if one fails to adhere to court agreements. Below are a few things to know before deciding to move a child out of state. Custody vs. Guardianship Custody is when someone has full (or shared) responsibility over a child. Sole custody gives the bulk of the responsibility to one parent (and visitation to another) while joint custody gives responsibility and shared living arrangements to both parents. Guardianship, meanwhile, grants responsibility of a child over to a non-biological caretaker. This means the biological parents may still be in the picture but have been deemed unable to provide a healthy life for the child. Relocation as a Primary Custodial Parent Whether moving for a job, a change of scenery, or a better education, the primary custodian (aka the parent for which the child lives the most) should review the custody arrangement before making any final decisions. If the primary custodian is moving outside of a court-approved radius, they must provide the court and the non-custodial parent written notice about their decision 45 days prior to the move. This gives the secondary custodian time to contest it. Parents with sole custody usually have a presumptive right to move out of state, however, a parent with joint custody who wants to move a child out of state must file a move-away order. Factors a judge will consider during a move-away hearing include: The distance of the move The emotional, environmental, educational, and physical needs of the child The child’s relationship with the parents Whether there’s a support system in place in the new location If granted, the move-away order would force the modification of the original custody arrangement, which may not always go in favor of the primary custodian. Relocation as a Guardian Unlike custody, guardianship is much more involved when choosing to move a ward out of state. In California, the guardian must fill out the following forms and submit them to the court 45 days prior to moving: Petition to Fix Residence Outside of the State of California (Form GC-085) Notice of Hearing – Guardianship or Conservatorship (Form GC-020) Order Fixing Residence Outside of the State of California (Form GC-090) These forms must also be served to all interested parties, including the biological parents, within 15 days of the move. Should an interested party object, a hearing will decide if relocation is in the best interest of the child. If the move is granted, the guardian will need to file for guardianship in the new state and relinquish their guardianship in the old state. If this all seems overwhelming, contact a family lawyer who can help mitigate the stress.

When someone is mentally or physically incapacitated, they may not be able to perform tasks necessary to live. When this happens, family members or friends may have the right to become a guardian or a conservator and take legal responsibility for performing personal and financial tasks for them. Which one, guardianship or conservatorship, is right for your situation? That mostly depends on which state you live in. Because King Law Firm Attorneys at Law, Inc. practices in both California and Arizona, we’ve compiled some key similarities and differences these states have when it comes to guardianship or conservatorship. Guardianship Becoming a guardian over another person Is taking legal responsibility over day-to-day medical, educational, and personal decisions for that person because they have become physically or mentally incapacitated. However, in California, guardianships refer to only those persons who represent the affairs of a child. When a child’s parents pass away or are no longer able to safely care for the child, a family member can assume permanent or temporary guardianship. If petitioning for guardianship becomes combative, there are a couple of other options to guarantee a child’s safety: 1) a clear and concise private agreement can be entered into between the guardian and the parents; or 2) the guardian can present a Caregiver’s Authorization Affidavit, which gives the guardian legal right to make educational and medical decisions. Both alternate options can be revoked by the parents at any time. In Arizona, guardianships are appointed for anyone, regardless of age. Guardianships can be general (covering all medical, educational, and personal decisions) or limited to a specific purpose, such as making emergency medical decisions or finding specific living arrangements. Guardian’s may also suspend a ward’s driver’s license or ability to vote. Conservatorship In general, conservators provide care and protection for the ward, such as providing meals, purchasing clothes, maintaining the home and hygiene, arranging for medical care, and managing the estate. Conservatorships are not normally setup if the person in question drafted a durable power of attorney prior to becoming incapacitated. In California, a conservatorship acts the same as a guardianship but for adults. This includes both personal and financial responsibilities. These conservatorships can be limited (usually meant for the developmentally disabled) or general (which covers all other types of mental or physical issues, such as dementia, physical injury, or those susceptible to undue influence). In Arizona, though, a conservatorship strictly focuses on financial responsibilities, such as a person’s everyday bills or the estate, for a child or adult. There are three types of conservatorships in Arizona: General (covers all financial responsibilities), limited (covers only a select type of financial responsibility), or single transactional (covers one specific task, such as investing funds or paying taxes). If you aren’t sure if you should take the next step, King Law Firm Attorneys at Law, Inc. can help you decide between guardianship or conservatorship for you and your loved one.

On the surface, Britney Spears is a successful entertainer worth nearly sixty million dollars. A flourishing music career and a seemingly upbeat public persona would indicate she’s living a healthy life. However, as evidenced by Britney’s outcry to end her father’s conservatorship, her life behind-the-scenes is a lot darker than we’ve been led to believe. What is a Conservatorship? Conservatorships allow someone to gain legal guardianship over an adult. Its original intent was to protect the best interests of those who have been in a serious accident or have been found to be mentally incapable of making rational financial or medical decisions. Conservatorships can be limited to the control of someone’s finances or healthcare, or they can be given full control over the entirety of another’s decisions. A probate or family court will determine if a conservatorship will be short-term, temporary or permanent. What Led to Britney Spears’s Conservatorship? The road that led to Britney’s conservatorship began in 2002 with her very public breakup with Justin Timberlake. She spent her days mired in work and her nights partying with the likes of Paris Hilton and Lindsay Lohan. In 2004, Britney met and married Kevin Federline. The couple divorced shortly after the birth of her second son two years later. Although both parents partied after the divorce, Britney got the brunt of tabloid fodder. This constant deluge of attacks on her character eventually led to the infamous shaving incident. Her downward spiral continued after losing shared custody of her children. During one of her visitations, Britney refused to let her kids go and was placed under an involuntarily psychiatric hold. A second incident a few weeks later led to the inevitable request for a conservatorship. How was Britney’s Conservatorship abused? Abuse happens due to the broad aspects of conservatorships. In Britney’s case, a lot of factors opened the door for her father, Jaime, to take advantage of his daughter’s hardships. Legal proceedings for Britney’s conservatorship took very little time, with no questions or testimony. The California law requiring a five days’ notice before the enactment of a conservatorship was waived. Monitoring of the conservatorship was lax, allowing Jamie to revoke Britney’s marriage and reproductive rights, monitor her friends and conversations, and limit her spending. She was also constantly threatened if she refused to perform or agree to jobs her father assigned her. #FreeBritney and the Future An online movement that would become known as #FreeBritney has led the United States Congress to draft bipartisan legislation to reform the state-run conservator system. A judge in the case has finally agreed to allow Britney to hire her own lawyer and file a petition demonstrating that the conservatorship is no longer required. The rise in Britney’s net worth after the conservatorship was put in place would indicate that everything was done in her best interests. Only those close to the matter may ever know for sure. But, regardless of whose story is true, Britney’s case has brough a spotlight to the possibility of conservatorship abuse.

Guardianship may seem easy to understand on the surface, but there is a lot more to it than you might realize. Firstly, guardianship is not the same as adoption. Where adoptions give the guardian permanent parental rights over a child, guardianship is temporary and does not normally remove all parental rights from biological parents. Secondly, guardianship is not limited to children. Before petitioning for guardianship, here is a quick overview of what you should know. The Guardian’s Role The responsibility of a guardian is to provide for the day-to-day needs of a child or an adult. In the case of a child, parents may still be financially responsible if they retain physical custody; otherwise, the guardian is responsible for all financial needs of the child. And, whether a child or adult, guardians must get permission from the court before spending any money or selling assets or property. Types of Guardianship Having Guardian over the Person is when someone is given legal authority to make decisions over a child or adult’s well-being. For a child, this includes personal, medical, educational and financial decisions; for an adult, this includes consent for medical and end-of-life care, financial management and honoring pre-determined wishes. Having Guardian over the Estate is when someone is granted responsibility to safeguard a child or adult’s financial assets. In the case of a child, this type of guardianship lasts until the child turns 18. And becoming a Guardian Ad Litem is when a judge appoints someone to protect a child’s best interest during custody hearings. Reasons for Guardianship Both parents of a child die; A child’s parents are going through a divorce; A child receives a large financial gift; A child lives with someone other than their parents on a long-term basis; A couple is looking to adopt; or An adult is found to be incapable of making their own decisions. The Guardianship Process To obtain guardianship over a child or an adult, one must first file a petition with a court in the county of which the child or adult has lived for at least six months. In the case of a child, a letter of consent must be included with the petition. This is followed by interviews with the petitioner, the child, the parents and any other interested party, as well as a home visitation and criminal background check. A judge will then review the petition and hear from any interested parties, after which the judge will either approve or deny the petition. Depending on the circumstances, this process could take several months. Termination of Guardianship Guardianship ends when: The agreed upon terms have been completed; The guardian chooses to resign; The ward passes away; or a judge determines guardianship is no longer needed or it no longer serves the best interest of the child or the adult. Whatever type of guardianship you’re seeking, it’s always best to contact a family law attorney to help navigate the potentially complicated and confusing process of becoming a guardian.