California — Do you automatically become guardian of a minor’s estate if appointed guardian of the person? | California Estate Planning | FastCounsel
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California — Do you automatically become guardian of a minor’s estate if appointed guardian of the person?

Detailed Answer — Do you automatically become guardian of the estate when appointed guardian of the person in California?

Short answer: No. In California, being appointed guardian of the person does not automatically make you guardian of the estate (or conservator of the estate). California law treats control of the person (care, custody, and personal decisions) and control of property/finances as distinct roles. Which process applies depends on the age and status of the protected person:

1) Minors (guardianship)

For children under 18, the court may appoint a guardian of the person (responsible for the child’s care and custody) and/or a guardian of the estate (responsible for money, property, and financial affairs). The court may appoint one person to do both jobs, but it must make a separate appointment for each role. If you are appointed only as guardian of the person, you will not control the minor’s property or money unless the court also appoints you guardian of the estate.

Typical reasons the court appoints a guardian of the estate include: the child has assets (inheritance, settlement, benefits, substantial bank accounts), or there is anticipated need to manage money for the child’s benefit. To obtain that authority, a separate petition for appointment as guardian of the estate (or for letters of guardianship over the minor’s property) is required.

2) Adults (conservatorship)

For adults with incapacity, California uses conservatorship rather than guardianship. The court may appoint a conservator of the person (responsible for personal care) and/or a conservator of the estate (responsible for managing money and property). Like guardianships for minors, the roles are distinct and require separate authority. Being appointed conservator of the person does not automatically give you power over the conservatee’s finances; the court must separately appoint a conservator of the estate (or appoint the same person to both roles).

What the separate estate appointment involves

  • Formal petition: You must file a petition asking the court to appoint you guardian/conservator of the estate or to be appointed both, and explain why estate management is necessary.
  • Bond and fiduciary duties: The court commonly requires a bond and will impose fiduciary duties (careful management, acting in the ward’s or conservatee’s best interest, avoiding conflicts of interest).
  • Inventory and accounting: If appointed to manage the estate, you typically must file an inventory and periodic accountings with the court and get court approval for some transactions.
  • Oversight: The court supervises estate management; major transactions often require prior court approval.

Where to read more (official California resources)

Practical steps if you’re in this situation

  1. Confirm exactly what the court order says. The letters of appointment (or order) spell out what powers you have.
  2. If you need authority over money or property, file the appropriate petition (or request the court modify the appointment to include estate powers).
  3. Prepare to provide notice to interested parties, possibly file bond, and comply with inventory/accounting requirements.
  4. When in doubt, consult an attorney experienced in California guardianship/conservatorship to protect the ward’s assets and to avoid personal liability.

Disclaimer

This article is informational only and does not constitute legal advice. It explains general California principles and official self-help resources. For advice tailored to your case, contact a qualified California attorney.

Helpful Hints

  • Guardianship vs conservatorship: Use “guardian” for minors; “conservator” for adults. The rules and procedures differ.
  • Read the court’s letters/order: That document lists the exact powers granted to you—don’t rely on informal assumptions.
  • File a separate petition if you need control of money or property—authority is not automatic.
  • Expect fiduciary duties: acting prudently, keeping records, filing inventories and accountings, and possibly posting a bond.
  • Get receipts and keep good records for all transactions involving the ward’s funds or property.
  • Notify banks and benefit providers early; they often require court letters or court-approved documents before releasing funds.
  • Consider limited authority first: if the ward only needs help with a specific asset or short-term matter, ask the court for narrowly tailored orders.
  • Use the California Courts self-help pages for forms and step-by-step guidance: Guardianship and Conservatorship.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.