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Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child ("ward") whose circumstances require it, and to make decisions about the child's education, support and maintenance.Guardianship is determined in Probate Court.
In California, guardianship refers only to the court appointment of an individual with the legal authority to represent and manage the affairs of a minor child. Conservatorships are for protecting incapacitated adults and typically involve matters related to health care and estate.
The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.
In California, guardianship refers only to the court appointment of an individual with the legal authority to represent and manage the affairs of a minor child. Conservatorships are for protecting incapacitated adults and typically involve matters related to health care and estate.
A conservator of the estate handles the conservatee's financial matters like paying bills and collecting a person's income if the judge decides the conservatee cannot do it.
The person who wants to end the guardianship will have to file some forms, set a court hearing, and serve the guardians and all other relatives so a judge can see everyone in person and decide whether the guardianship is still needed.
Guardians assume responsibility for the supply of food, clothing, and personal necessities. And for ensuring protected individuals are receiving the proper care, maintenance, and support. As a conservator of the person, they become the healthcare contact for the protected person.
There are two types of guardianships, a full guardianship and a limited guardianship.
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.