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Guardianship and conservatorship: what they are and how the court decides

STATEState law: each state names, starts and supervises guardianships its own way. Examples from California, Texas, Florida and New York.Checked by the Justice legal team against official sources · Last reviewed Oct 5, 2026

Key points

What it is: A judge appoints someone to make decisions for a person who can't make them alone: about personal care, money and property, or both. In California it is a conservatorship for an adult and a guardianship for a child.
A last resort: For an adult, the court must first consider less restrictive options, such as a power of attorney or supported decision-making, in California, Texas, Florida and New York.
The person's rights: Notice of the case, a lawyer (appointed if needed), the right to object, and a jury on request in California, Texas and New York.
After: The guardian reports to the court: a first inventory or report within 30 days in Texas, 60 days in Florida and 90 days in California and New York, then regular reports.

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Guardianship and conservatorship are court cases in which a judge appoints someone to make decisions for a person who can't make them alone. The person appointed may handle personal care, such as where the person lives and their medical care, or money and property, or both. The names differ by state: in California, a guardianship is for a child and a conservatorship is for an adult, while Texas, Florida and New York use "guardianship" for adults too.

Below: the names by state, guardianship of a child, the less restrictive alternatives a court must consider first, the court process step by step, the person's rights, what the guardian must report and when, and where to get help. This page explains the process; it is not legal advice about your family.

What is guardianship, and what is a conservatorship?

Who it is for: A child or an adultwho can't make some decisions alone. Tex. Est. Code § 1002.017
Of the person: Care and daily lifesuch as where the person lives and medical care. California Courts
Of the estate: Money and propertymanaged under the court's supervision. California Courts
Proof for an adult: Clear and convincing evidencein all four states. Cal. Prob. Code § 1801 · Tex. Est. Code § 1101.101 · Fla. Stat. § 744.331 · N.Y. Mental Hyg. Law § 81.02

California's courts describe a conservatorship as when a judge appoints another person to act or make decisions for the person who needs help. The person the judge appoints is the conservator; the person who needs help is the conservatee. A judge can only appoint a conservator if other less restrictive options won't work. California Courts

For a child, they describe a guardianship as when an adult who is not the child's parent is legally responsible for the child's care because the parent is unable to care for them. It may also mean someone manages the child's money or property. California Courts

Who may need one is set by each state's law. In Texas, an "incapacitated person" is a minor, or an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for themselves, to care for their own physical health, or to manage their own financial affairs. Tex. Est. Code § 1002.017

Guardianship vs conservatorship: the names by state

The same idea goes by different names, and each state has lighter forms for people who need help with only some decisions.

State	For an adult	For a child	Lighter forms
California	Conservatorship of the person, of the estate, or both: for a person unable to provide properly for their personal needs, or substantially unable to manage their own financial resources or resist fraud or undue influence. Cal. Prob. Code § 1801	Guardianship of the person, the estate or both, which ends when the child reaches majority. Cal. Prob. Code §§ 1514, 1600	A limited conservatorship for an adult with a developmental disability, ordered only to the extent the person's proven limitations require. Cal. Prob. Code § 1801
Texas	Guardianship, full or limited: the court finds whether the person is totally without capacity, or lacks the capacity to do some, but not all, of the tasks needed to care for themselves or manage their property. Tex. Est. Code § 1101.101	Parents who live together are both natural guardians of the person of their minor children. Tex. Est. Code § 1104.051	A supported decision-making agreement, for an adult with a disability who is not incapacitated. Tex. Est. Code § 1357.003
Florida	Guardianship, plenary or limited: a limited guardian has only the powers the court order designates. Fla. Stat. § 744.102	Parents are jointly the natural guardians of their children. Fla. Stat. § 744.301	A guardian advocate for a person with developmental disabilities, without an adjudication of incapacity. Fla. Stat. § 744.3085
New York	Article 81 guardianship, for personal needs, property management or both, with only the powers that are necessary. N.Y. Mental Hyg. Law § 81.02	Guardianship of an infant, of the person, the property or both, whether or not the parents are living. N.Y. SCPA § 1701	Article 17-A guardianship for a person who is intellectually disabled, certified as permanent or likely to continue indefinitely. N.Y. SCPA § 1750

Tip. California's mental health (LPS) conservatorships are a different process, for people with serious mental illness, and family members or other private parties cannot start one. California Courts

Guardianship of a minor child

A court guardianship of a child comes in when a parent is unable to care for the child, or when the child has a lot of money, income or property to manage. California's courts give examples: a parent who needs time for drug or alcohol treatment, or who will be away for work, such as military service overseas. There may be other options, like a parent signing something so another adult can enroll the child in school or get medical care. California Courts

The petition. A relative or other person, or the child if 12 or older, can file; a relative may file regardless of immigration status. California's filing fee is $225 for a guardianship of the person and $450 for the estate, with fee waivers based on the child's income. Cal. Prob. Code § 1510 · California Courts
Notice to the family. The parents, the child if 12 or older, and others get notice at least 15 days before the hearing, and the court can't shorten that time. Cal. Prob. Code § 1511
An investigation. A court investigator, probation officer or domestic relations investigator looks into the case and reports, unless the court waives it for good cause. Cal. Prob. Code § 1513
The hearing. The child's parents and other family members can speak to the judge, who appoints a guardian if it appears necessary or convenient. For the child's person, the judge follows the custody rules of the Family Code. California Courts · Cal. Prob. Code § 1514
Each year after. The guardian sends the court an update about the child's health and education. The guardianship ends when the child turns 18, or earlier if the court orders it ended. California Courts

A guardianship is not an adoption. The parents' custody rights are taken away only as long as the guardianship lasts, and a parent who can care for the child again can ask the judge to end it. California Courts

A parent can plan ahead. In California, a parent may nominate a guardian of the person or estate of a minor child, with limits when the other parent is alive and does not consent. The court appoints a parent's nominee as guardian of the estate unless it finds the nominee unsuitable. Cal. Prob. Code §§ 1500, 1514

In Texas, if one parent has died, the surviving parent is the natural guardian of the person of the minor children. In Florida, natural guardians can, without a court appointment, settle a child's injury claim or manage property the child receives, if the total does not exceed $15,000. In New York, the court can appoint a guardian of a child's person or property whether or not the parents are living. Tex. Est. Code § 1104.051 · Fla. Stat. § 744.301 · N.Y. SCPA § 1701

Less restrictive alternatives: power of attorney and supported decision-making

For an adult, a guardianship is the last step. A California court can't grant a conservatorship unless it makes an express finding that it is the least restrictive alternative needed to protect the person. It must consider the person's abilities with supports, including supported decisionmaking agreements, powers of attorney, a health care surrogate and advance health care directives. Cal. Prob. Code § 1800.3

Power of attorney. A person who still has capacity can choose an agent for money and property, and one for health care, without going to court. Texas lists a durable power of attorney and a medical power of attorney among the alternatives to guardianship. See power of attorney.Tex. Est. Code § 1002.0015
Supported decision-making. The adult keeps making their own decisions, with help from a supporter they choose. Texas recognizes a supported decision-making agreement as a less restrictive alternative for adults with disabilities who need help with daily decisions but are not incapacitated. California has the same kind of agreement: either side may revoke it at any time, and a supporter may not make decisions for the adult without separate legal authority.Tex. Est. Code §§ 1357.002, 1357.003 · Cal. Welf. & Inst. Code §§ 21001, 21002
Other options in Texas law. A declaration for mental health treatment, a representative payee to manage public benefits, a joint bank account, a management trust or a special needs trust, and designating a guardian before the need arises.Tex. Est. Code § 1002.0015
Florida and New York. Florida's legislature wants alternatives and less restrictive means, including guardian advocates, explored before a plenary guardian is appointed, and a petition must say whether the person uses supported decisionmaking and why it is not enough. New York gives a guardian only the powers that are necessary: the least restrictive form of intervention.Fla. Stat. §§ 744.1012, 744.3201 · N.Y. Mental Hyg. Law § 81.02

Tip. Power of attorney vs conservatorship. A power of attorney is chosen by the person; a conservatorship or guardianship is ordered by a judge. In Florida, if a ward's durable power of attorney is found valid, or a petition says another alternative will sufficiently address the problems, the court must review whether a guardian is still needed. Fla. Stat. § 744.462

The court process for an adult, step by step

Someone files a petition. In California, the person themselves, a spouse or domestic partner, a relative, a public agency or official, or another interested person or friend can file; a creditor can't, unless it is one of those. A Florida petition must be verified and give the facts behind the belief that the person is incapacitated. Cal. Prob. Code § 1820 · Fla. Stat. § 744.3201
The person and the family get notice. California: the person is served with the citation and petition at least 15 days before the hearing, and relatives get notice. Texas: an officer personally serves the person if 12 or older, and the court can't act until the Monday after the 10-day period from service. Florida: the petitions are served on and read to the person. New York: they must be personally delivered to the person not less than 14 days before the hearing. Cal. Prob. Code §§ 1822, 1824 · Tex. Est. Code §§ 1051.103, 1051.106 · Fla. Stat. § 744.331 · N.Y. Mental Hyg. Law § 81.07
Someone independent looks into it. California's court investigator interviews the person and explains their rights, and reports at least 5 days before the hearing. In Texas, a court investigator checks whether a less restrictive alternative is appropriate. Florida appoints an examining committee of three members within 5 days of the petition, and each member reports within 15 days. New York appoints a court evaluator. Cal. Prob. Code § 1826 · Tex. Est. Code § 1054.151 · Fla. Stat. § 744.331 · N.Y. Mental Hyg. Law § 81.09
The person has a lawyer. Texas appoints an attorney ad litem in every case, and Florida an attorney for each person alleged to be incapacitated. California appoints the public defender or private counsel when the person has no lawyer and doesn't plan to hire one. The person can choose their own lawyer instead; in Texas, a proposed ward can as long as they have capacity to contract. Tex. Est. Code §§ 1054.001, 1054.006 · Fla. Stat. § 744.331 · Cal. Prob. Code § 1471 · N.Y. Mental Hyg. Law § 81.10
The hearing. For an adult, Texas requires a letter or certificate from a licensed physician or psychologist. Florida holds the hearing at least 10 days, but no more than 30 days, after the last committee report, unless good cause is shown. New York holds it in the person's presence, at the courthouse or where they live. Tex. Est. Code § 1101.103 · Fla. Stat. § 744.331 · N.Y. Mental Hyg. Law § 81.11
The order and the letters. The guardian takes an oath and files any required bond, and receives letters (in New York, a commission) that show their authority. Florida's letters say whether the guardianship is plenary or limited, and if limited, list the guardian's powers. Cal. Prob. Code § 2300 · Tex. Est. Code §§ 1105.002, 1106.001 · Fla. Stat. § 744.345 · N.Y. Mental Hyg. Law § 81.30

What the court must find in Texas, by clear and convincing evidence: that the person is incapacitated; that a guardian is in their best interest and will protect their rights or property; and that alternatives to guardianship, and supports and services, were considered and found not feasible. Tex. Est. Code § 1101.101

The person's rights during the case and after

A guardianship takes away only what the court order says. The person keeps the rest, and has rights in the case itself.

To be told, and to object. Before establishing a conservatorship, a California court must tell the person the nature and purpose of the case, its effect on their basic rights, and that they have the right to oppose it, to a jury trial and to a lawyer, appointed if needed. It must also ask the person's opinion.Cal. Prob. Code § 1828
A jury. On request in Texas; if demanded by the person in California; in New York, if the person or their lawyer raises issues of fact and demands one.Tex. Est. Code § 1101.052 · Cal. Prob. Code § 1827 · N.Y. Mental Hyg. Law § 81.11
Only the rights the person can't exercise. A Florida court may only remove those rights that the person does not have the capacity to exercise. Some, such as the right to marry, vote, have a driver license or travel, can be removed but never handed to the guardian.Fla. Stat. §§ 744.331, 744.3215
Rights a ward keeps. In Florida, these include an annual review of the guardianship report and plan, to be restored to capacity at the earliest possible time, to be treated with dignity and respect, to counsel, to receive visitors and to privacy. Texas's bill of rights for wards includes a copy of the order and letters, to complain to the court, and to vote, marry and keep a driver's license unless the court restricts it.Fla. Stat. § 744.3215 · Tex. Est. Code § 1151.351
Visits and reviews. In California, the court investigator visits the conservatee to find out whether they want the conservatorship ended, whether it is still the least restrictive alternative, and whether the conservator is acting in their best interests. In Texas, a ward has the right to personal visits from the guardian at least once every three months, unless the court orders otherwise.Cal. Prob. Code § 1851 · Tex. Est. Code § 1151.351
Voting. In California, a person can be disqualified from voting only if they are incapable of communicating, with or without reasonable accommodations, a desire to take part in voting. Signing a registration with a mark, or with help, is not a reason to disqualify them.Cal. Prob. Code § 1828

After the appointment: reports, inventories and accountings

A guardian works under the court's supervision and reports to it on a schedule set by law.

State	First filing	After that
California	An inventory and appraisal of the estate within 90 days after appointment, unless the court allows more time. Cal. Prob. Code § 2610	An accounting one year after appointment, then at least every two years; the court investigator visits for reviews. Cal. Prob. Code §§ 2620, 1851
Texas	A verified inventory within 30 days after the guardian of the estate qualifies, unless the court grants more time. Tex. Est. Code § 1154.051	The first annual account no later than the 60th day after the first anniversary of qualifying; a guardian of the person files a report once each year. Tex. Est. Code §§ 1163.001, 1163.101
Florida	An initial guardianship report within 60 days after the letters are signed: a verified inventory for a guardian of the property, an initial plan for a guardian of the person. Fla. Stat. § 744.362	An annual accounting on or before April 1 for a guardian of the property, and an annual plan within 90 days after the last day of the anniversary month for a guardian of the person. Fla. Stat. § 744.367
New York	An initial report within 90 days after the commission is issued, with proof of the guardian's training. N.Y. Mental Hyg. Law § 81.30	A report every year in May, or when the court orders. N.Y. Mental Hyg. Law § 81.31

Courts check these reports. In California, each accounting is subject to random or discretionary review, and an accounting with a material error can lead to the conservator's suspension or removal. In Florida, a guardian who files the annual report late can face sanctions, including contempt or removal. Cal. Prob. Code § 2620 · Fla. Stat. § 744.367

Tip. In California, the conservator must deliver the order, with a notice of the conservatee's rights, to the conservatee and relatives within 30 days of the order. Cal. Prob. Code § 1830

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Getting legal help

California's courts suggest talking to a lawyer about conservatorships of the estate or general conservatorships, and say a guardianship of a child's estate has very strict rules about money, so help from a lawyer is usually best. The person the case is about has a lawyer in every state on this page, appointed if needed. California Courts · Cal. Prob. Code § 1471 · Tex. Est. Code § 1054.001 · Fla. Stat. § 744.331 · N.Y. Mental Hyg. Law § 81.07

Find a lawyer or free legal aidLegal aid and state bar referral services, with first-consultation prices.Power of attorneyChoosing someone to act for you while you still can, without a court.ProbateWhat happens to a person's property after they die.Child custodyCustody and visitation between parents, which a guardianship can change.

Common questions

What is the difference between guardianship and conservatorship?

Both are court cases in which a judge appoints someone to make decisions for a person who can't make them alone. In California, a guardianship is for a child and a conservatorship is for an adult. Texas, Florida and New York call both guardianship.

What is a conservatorship?

A court case in which a judge appoints a conservator to act or make decisions for an adult who needs help: about personal care, money and property, or both. A California judge can appoint one only if less restrictive options won't work.

How do you get legal guardianship of a child?

You file a petition with the court, give notice to the parents and family before the hearing, take part in an investigation, and a judge decides at a hearing. In California, notice goes out at least 15 days before the hearing, and the guardian reports to the court each year.

What is the difference between a power of attorney and a conservatorship?

A power of attorney is chosen by the person while they have capacity, with no court case. A conservatorship or guardianship is ordered by a judge, and the court must consider less restrictive options, a power of attorney among them, before appointing one. See power of attorney.

What rights does a person under guardianship keep?

All the rights the court order does not take away. In Florida these include an annual review, to be restored to capacity at the earliest possible time, to counsel, to receive visitors and to privacy. In Texas, a ward can complain to the court and keeps the right to vote, marry and drive unless the court restricts it.

Does the person get a lawyer?

Yes. Texas appoints an attorney ad litem in every case and Florida an attorney for each person alleged to be incapacitated; California appoints counsel when the person has none, and New York appoints a lawyer if the person wants one. The person can usually choose their own lawyer instead.

What does a guardian have to report to the court?

An inventory or first report soon after appointment: within 90 days in California and New York, 30 days in Texas and 60 days in Florida. After that, regular accountings and reports, such as an annual report in May in New York.

How long does a guardianship last?

A guardianship of a child ends when the child turns 18 in California, or earlier if the court ends it. For an adult, it lasts until the court ends or changes it; in California, the court investigator checks whether it is still the least restrictive alternative, and in Florida the person has the right to be restored to capacity at the earliest possible time.

What is a guardian advocate in Florida?

A person a Florida court can appoint for someone with developmental disabilities without finding them incapacitated, when they can do some but not all of the tasks needed to care for themselves or their property. Florida courts are encouraged to consider it as a less restrictive form of guardianship.

Official sources

California Courts Self-Help Guide: Conservatorships courts.ca.gov
California Courts Self-Help Guide: Guardianships in California courts.ca.gov
California Courts Self-Help Guide: Helping a person with an impairment or disability courts.ca.gov
California Probate Code § 1500: a parent's nomination of a guardian leginfo.legislature.ca.gov
California Probate Code § 1510: petition for guardianship of a minor leginfo.legislature.ca.gov
California Probate Code § 1511: notice of the guardianship hearing leginfo.legislature.ca.gov
California Probate Code § 1513: investigation and report leginfo.legislature.ca.gov
California Probate Code § 1514: appointment of a guardian leginfo.legislature.ca.gov
California Probate Code § 1600: when a guardianship ends leginfo.legislature.ca.gov
California Probate Code § 1800.3: least restrictive alternative leginfo.legislature.ca.gov
California Probate Code § 1801: who may have a conservator; limited conservatorship leginfo.legislature.ca.gov
California Probate Code § 1820: who may petition leginfo.legislature.ca.gov
California Probate Code § 1822: notice of the conservatorship hearing leginfo.legislature.ca.gov
California Probate Code § 1824: service on the proposed conservatee leginfo.legislature.ca.gov
California Probate Code § 1826: court investigator leginfo.legislature.ca.gov
California Probate Code § 1827: trial by jury leginfo.legislature.ca.gov
California Probate Code § 1828: what the court must tell the proposed conservatee leginfo.legislature.ca.gov
California Probate Code § 1830: the order and the notice of rights leginfo.legislature.ca.gov
California Probate Code § 1851: review visits by the court investigator leginfo.legislature.ca.gov
California Probate Code § 1471: appointed counsel leginfo.legislature.ca.gov
California Probate Code § 2300: oath and bond before the appointment is effective leginfo.legislature.ca.gov
California Probate Code § 2610: inventory and appraisal leginfo.legislature.ca.gov
California Probate Code § 2620: accountings leginfo.legislature.ca.gov
California Welfare and Institutions Code § 21001: supported decisionmaking agreements leginfo.legislature.ca.gov
California Welfare and Institutions Code § 21002: duties of a supporter leginfo.legislature.ca.gov
Texas Estates Code, Chapter 1002 (§§ 1002.0015, 1002.017: alternatives to guardianship; incapacitated person) tcss.legis.texas.gov
Texas Estates Code, Chapter 1051 (§§ 1051.103, 1051.106: service of citation; when the court may act) tcss.legis.texas.gov
Texas Estates Code, Chapter 1054 (§§ 1054.001, 1054.151: attorney ad litem; court investigator) tcss.legis.texas.gov
Texas Estates Code, Chapter 1101 (§§ 1101.052, 1101.101, 1101.103: jury, findings, physician or psychologist letter) tcss.legis.texas.gov
Texas Estates Code, Chapter 1104 (§ 1104.051: guardian of minor children) tcss.legis.texas.gov
Texas Estates Code, Chapter 1105 (§ 1105.002: qualification of a guardian) tcss.legis.texas.gov
Texas Estates Code, Chapter 1106 (§ 1106.001: letters of guardianship) tcss.legis.texas.gov
Texas Estates Code, Chapter 1151 (§ 1151.351: bill of rights for wards) tcss.legis.texas.gov
Texas Estates Code, Chapter 1154 (§ 1154.051: inventory and appraisement) tcss.legis.texas.gov
Texas Estates Code, Chapter 1163 (§§ 1163.001, 1163.101: annual account and annual report) tcss.legis.texas.gov
Texas Estates Code, Chapter 1357 (§§ 1357.002, 1357.003: supported decision-making agreements) tcss.legis.texas.gov
Florida Statutes § 744.102: definitions (limited and plenary guardian, guardian advocate) flsenate.gov
Florida Statutes § 744.1012: legislative intent, least restrictive form of guardianship flsenate.gov
Florida Statutes § 744.301: natural guardians flsenate.gov
Florida Statutes § 744.3201: petition to determine incapacity flsenate.gov
Florida Statutes § 744.331: procedures to determine incapacity flsenate.gov
Florida Statutes § 744.3215: rights of persons determined incapacitated flsenate.gov
Florida Statutes § 744.3085: guardian advocates flsenate.gov
Florida Statutes § 744.345: letters of guardianship flsenate.gov
Florida Statutes § 744.362: initial guardianship report flsenate.gov
Florida Statutes § 744.367: annual guardianship report flsenate.gov
Florida Statutes § 744.462: alternatives to guardianship after appointment flsenate.gov
New York Mental Hygiene Law § 81.02: power to appoint a guardian; least restrictive form of intervention nysenate.gov
New York Mental Hygiene Law § 81.07: notice nysenate.gov
New York Mental Hygiene Law § 81.09: court evaluator nysenate.gov
New York Mental Hygiene Law § 81.10: counsel nysenate.gov
New York Mental Hygiene Law § 81.11: hearing nysenate.gov
New York Mental Hygiene Law § 81.30: initial report nysenate.gov
New York Mental Hygiene Law § 81.31: annual report nysenate.gov
New York Surrogate's Court Procedure Act § 1701: guardianship of an infant nysenate.gov
New York Surrogate's Court Procedure Act § 1750: guardianship of a person who is intellectually disabled (Article 17-A) nysenate.gov

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.