Are you navigating the legal responsibilities associated with caring for a family member or loved one? At first glance, many believe that the titles “guardian” and “conservator” are two terms with the same meaning: someone who is responsible for another. While at their core, both roles do have care as their main goal, guardianship and conservatorship can have very different duties and obligations.
Understanding the differences between guardianship and conservatorship is helpful if you are poised to assume one of these positions. Continue reading below to learn more:
Guardianship vs. Conservatorship: Key Differences
In short, a legal guardian wields broad authority, overseeing personal and medical decisions for the individual under their care. A conservator’s duties, on the other hand, focus mainly on financial obligations such as paying bills, making investments, and overall financial management.
When and Why Is a Guardian Appointed?
The role of a legal guardian involves the authority to make a wide variety of personal and medical decisions on behalf of the person under their care. This includes choices related to healthcare, living arrangements, and personal care.
Example of a Guardian
Examples of guardianship include a situation where a child’s parents have passed away and need an adult to be legally responsible for them. Another example could include the appointment of a responsible party for an elderly adult or someone with a mental disability who no longer can make important life decisions.
When and Why Is a Conservator Appointed?
Generally, a conservator’s authority is limited to financial matters such as paying bills, making investments, and managing other financial aspects on behalf of an individual. Conservators do not have the authority to make any non-financial decisions for the person in their care.
Unlike a guardian, whose responsibilities extend across various parts of a person’s life, a conservator’s main focus is to responsibly manage an individual’s fiscal well-being. This could include making decisions regarding assets such as inheritance, property, and more.
Example of a Conservator
Examples of conservatorship include the appointment of someone to manage funds on behalf of an elderly individual, or someone with a disability such as Dementia or Down syndrome who can still navigate through their life, but may not be in a position to responsibly handle financial decisions.
Related Article: What is the Difference Between Guardianship vs. Conservatorship?
Learn More About Guardianship vs.. Conservatorship With Gaslowitz Frankel
If you have a loved one who is no longer able to care for themselves or a special needs child who is almost of legal age, an experienced attorney can assist you in deciding whether a guardianship or conservatorship is appropriate.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. The firm has earned a reputation for excellence across Georgia and the Southeast in providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, conservatorships, businesses, and securities.
Contact our firm today for a consultation.
