When a loved one can’t make decisions, who steps in and how?
That question usually comes up during stressful moments. A medical emergency. A new diagnosis. A sudden decline. Many families believe they already have the right paperwork in place, only to discover too late that what they planned for is not what California law actually allows.
This confusion is especially common because in California, guardianship and conservatorship are not interchangeable terms, and they apply to very different situations.
Sarah and Tom learned this the hard way.
Their adult son had special needs but lived a fairly independent life. Years earlier, they signed what they believed were the right documents, including a Power of Attorney. They assumed that if something ever happened, they could step in seamlessly.
When their son experienced a serious medical crisis and could no longer make informed decisions, the hospital asked for legal authority beyond the Power of Attorney they had.
Sarah and Tom were shocked. Because their son could not legally understand or grant authority at that point, the court required a conservatorship, not a Power of Attorney. What they thought would be straightforward turned into months of court involvement, paperwork, and emotional strain during an already painful time.
This situation highlights a common misunderstanding. Power of Attorney, guardianship, and conservatorship serve related purposes, but under California law, they apply in very different circumstances.
What a Power of Attorney Does in California
A Power of Attorney is a document created voluntarily by a capable adult. It allows someone to choose who will make financial or medical decisions on their behalf if needed.
The key requirement is capacity. The person signing must understand what they are doing and agree to give that authority.
When done properly and at the right time, a Power of Attorney can:
- Keep decisions private
- Avoid court involvement
- Allow trusted people to step in quickly
- Reduce stress during emergencies
However, a Power of Attorney only works if it is signed before capacity is lost.
What Guardianship Means in California
In California, guardianship applies to minors, not adults.
Guardianship is used when a child needs someone other than a parent to have legal authority over them. This can happen in both joyful situations, like adoption, and tragic or unexpected ones, such as the death or incapacity of a parent.
A guardian may be responsible for:
- The child’s day-to-day care
- Medical and educational decisions
- Managing assets belonging to the minor
Guardianship is court ordered and supervised, and the judge remains involved to ensure the child’s best interests are protected.
What Conservatorship Is in California
For adults who can no longer manage their own personal or financial affairs, California law uses conservatorship, not guardianship.
A conservatorship may be necessary when an adult cannot care for themselves due to physical limitations, cognitive decline, or developmental or special needs, and did not legally grant authority in advance.
With conservatorship:
- A judge grants decision-making authority
- The court oversees ongoing decisions
- There are reporting and compliance requirements
- The process can be time consuming, expensive, and emotionally draining
Conservatorship is sometimes necessary, but most families prefer to avoid it when possible through proactive planning.
Why Planning Ahead Matters
Proper planning can make an enormous difference for California families.
An experienced estate planning attorney helps families understand:
- When a Power of Attorney is sufficient
- When conservatorship may be required
- How to plan before capacity declines
- How to reduce or avoid court involvement
Assuming one document will cover every situation often leads to surprises families never expected. Planning early preserves options, privacy, and control.
Choosing the Right Path
The right solution depends on age, capacity, timing, and the individual’s specific needs. There is no one-size-fits-all answer, which is why guidance matters.
If you are unsure which option your family needs, it is far better to talk through it now than to wait for a crisis to force court involvement.
At Voorhees Law Group, we help California families plan with clarity, compassion, and confidence.
Request a Consultation to discuss your options and make sure your family is protected before decisions are taken out of your hands.