The Matus Law Group
November 5th, 2024
Guardianship and Conservatorship, while similar, serve different purposes.
A guardian, appointed by the court, is responsible for a person who has become incapacitated, often due to conditions like dementia or Alzheimer’s. The guardian makes decisions about the person’s living arrangements, medical care, and daily routines. Guardians are typically spouses or other family members, but can also be other individuals or entities.
On the other hand, a conservator primarily manages the financial affairs of an individual, overseeing their assets, income, and debts. This role does not necessitate that the person under care be incapacitated, and the arrangement can be voluntary. Conservators are responsible for filing for government benefits on behalf of the individual and providing regular financial accountings. Conservators are also involved in the individual’s estate planning, though they cannot write a will for them.
While a guardian and conservator can be the same person—a situation known as plenary guardianship—there can also be distinct individuals serving in these roles. In such cases, the guardian typically has primary control.
Understanding these roles is essential for planning for the future of loved ones who may need assistance.
As our loved ones age, they can develop physical or mental disabilities that may require other parties’ intervention to ensure that their personal affairs are handled responsibly so they can live out their lives comfortably. However, there are legal limitations to what others can do for these individuals.
Christine Matus, Founder & Owner, The Matus Law Group
Guardianships and conservatorships offer others the legal capability to take over specific responsibilities for individuals. Both are aimed at the elderly or individuals over the age of 18 with mental or physical disabilities. Although they are similar, there are some essential key differences between the two. The primary difference is that a guardian will make decisions on behalf of the person, and a conservator will make decisions and manage the person’s finances and estate. In many cases, both the guardian and the conservator will be the same person.
