Britney Spears, as almost everyone knows, had been under “conservatorship” in California. What does that mean? Do not try to make me understand California “law”, but if Britney was a Texan, we wouldn’t call it conservatorship. We would call it guardianship, and Ms. Spears would likely never have had a guardian for her as an adult.
Guardianship, as discussed two weeks ago is often used to manage the affairs of someone who is incapacitated. A closely related concept is conservatorship. In Texas, a conservator is someone who is appointed to take care of the personal matters of a minor. Most commonly, conservators are appointed in divorce proceedings where one parent may be appointed the managing conservator, another the possessory conservator, or more commonly, both are appointed joint managing conservators. To Texas lawyers, “conservatorship” means family court; whereas “guardianship” means probate court.
Pyke & Associates only handles matters in probate court. That the public is confused over these matters is understandable. In some states the terminology is reversed entirely (e.g., a “conservator” is appointed for a demented adult) and we often refer to parents as being the “legal guardians” of their children. As a general rule, if there is an existing order from a family court concerning the child, the family court will have jurisdiction. If there is not an existing family court order, and we are dealing with money to be received by a minor or dealing with an adult who is incapacitated, then we are dealing with guardianship.
Pyke & Associates focuses on all matters in the probate courts of the State of Texas, and we file and supervise dozens of guardianships on an annual basis.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
