Guardianship and conservatorship are both legal arrangements in which a court appoints someone to act on behalf of another person who cannot take care of themselves. A person is deemed legally incapacitated when they cannot receive and process information regarding their wellbeing. The key difference is that a guardian is appointed to handle personal and medical issues. The conservator is appointed to handle the finances of the person.
What is a guardianship?
When an individual, without an appropriate estate plan, is unable to attend to their daily care decisions, a guardianship may be necessary. A guardianship is a court-ordered legal relationship in which a person is appointed to oversee and manage the personal and medical needs of an incapacitated person. The guardian may also be able to handle amounts of funds for this person.
A guardian may be appointed for a minor child whose parents are unable or unwilling to care for them. It may also be appointed for an adult who is incapacitated and unable to make their own decisions. Often, the guardian is a spouse or child of the individual, but it may also be a qualified attorney.
The duties of a guardian may include making decisions about the ward’s medical care, education and living arrangements. A guardian is required to act in the best interests of the ward and to ensure their needs are met.
Guardianship proceedings can be complicated and are designed to protect the rights of the incapacitated person. Sometimes the person objects to the establishment or continuation of a guardianship, which can make legal decisions even more complicated.
What is a conservatorship?
A conservatorship is a legal arrangement in which a court appoints a person or entity, known as a “conservator,” to manage the financial affairs of an individual who cannot do so themselves. While a guardian may handle small amounts of funds, a conservator must be appointed if the person has significant assets.
The duties of a conservator can vary depending on the specific needs of the individual. It could include managing their finances, paying bills, and managing investments. The conservator is required to act in the best interests of the incapacitated person. They should also provide regular reports to the court on their activities.
How a lawyer can help choose the right option: guardianship or conservatorship
Setting up a guardianship or conservatorship can be a complex and emotionally draining process. An experienced attorney can help you understand the right way to approach the situation, whether that is a guardianship, conservatorship, power of attorney, healthcare directive, or otherwise.
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