In California, conservatorship, guardianship, and receivership are distinct legal arrangements with different purposes, scopes, and applications. Below is a concise explanation of each and their differences:

1. Conservatorship

• Definition: A court-appointed arrangement where a person (the conservator) is given legal authority to manage the personal and/or financial affairs of an adult (the conservatee) who is unable to care for themselves due to mental or physical incapacity.
• Types:
• Conservatorship of the Person: Manages personal needs (e.g., healthcare, living arrangements).
• Conservatorship of the Estate: Manages financial affairs (e.g., assets, bills).
• General vs. Limited: General applies to adults with significant incapacity (e.g., dementia); limited is for adults with developmental disabilities who need partial assistance.
• Who It Applies To: Adults (18+) who cannot make decisions due to conditions like dementia, mental illness, or severe disability.
• Court Oversight: Requires court approval and ongoing supervision. Conservators must report to the court.
• Example: A conservator might be appointed for an elderly person with Alzheimer’s to manage their finances and medical care.

2. Guardianship

• Definition: A court-appointed arrangement where a person (the guardian) is given legal authority to care for a minor child or their property when the child’s parents are unable or unfit to do so.
• Types:
• Guardianship of the Person: Manages the child’s personal needs (e.g., housing, education, medical care).
• Guardianship of the Estate: Manages the child’s financial assets (e.g., inheritance).
• Who It Applies To: Minors (under 18) whose parents are deceased, incapacitated, or otherwise unable to care for them.
• Court Oversight: Requires court approval and ongoing monitoring, similar to conservatorship.
• Example: A grandparent might become the guardian of a minor whose parents have passed away, ensuring the child’s care and managing any inheritance.

3. Receivership

• Definition: A court-appointed process where a neutral third party (the receiver) is given custody and control of specific property or assets to manage, preserve, or liquidate them, typically during legal disputes or financial distress.
• Purpose: Used to protect or manage property involved in litigation, bankruptcy, or business disputes, or to enforce a court judgment.
• Who It Applies To: Applies to property, businesses, or assets, not individuals’ personal care. Common in cases like divorce (e.g., managing a business), creditor disputes, or real estate conflicts.
• Court Oversight: The receiver acts under court direction and must report actions to the court.
• Example: A receiver might be appointed to manage a failing business’s assets during bankruptcy proceedings to ensure creditors are paid.

Key Differences

Additional Notes

• Legal Process: All three require court petitions and hearings in California, often involving attorneys and evidence of necessity.
• Duration: Conservatorships and guardianships may be temporary or permanent, depending on the situation. Receiverships typically last until the dispute or purpose is resolved.
• California Law: Governed by the California Probate Code (conservatorship and guardianship) and Code of Civil Procedure (receivership).

If you need specific details or have a particular situation in mind, let me know, and I can provide further guidance.