When a person requires assistance to the degree that they are made a ward of the court, the court will appoint a guardian or conservator to assist them in meeting their needs. A guardian is someone who takes on the responsibility of providing basic care and meeting the day-to-day needs of a child. In contrast, a conservator is assigned when a minor or an adult unable to manage their own property needs an adult to do so on their behalf.

What Is a Guardianship?

In many situations, a person with cognitive impairments, a serious illness, or a child under the age of 18 is unable to make their own choices about their legal and medical affairs. They need the assistance of a third party willing and able to look out for their best interests. This is when the role of a legal guardian becomes important. Someone authorized to make personal and medical choices on behalf of another person, whether that person is an adult or a minor, is known as a legal guardian. This individual is a family member, most often one of the following: a parent, sibling, spouse, or adult child. A formal procedure is used to choose someone for the role.

There is no need that the guardian to be a single person. They may operate as a public or private corporation or a non-profit organization. Co-guardians are a title that may be given to two persons if the court grants their joint application for guardianship. It is possible for parents or other loved ones who have guardianship over an adult or child to make choices on the individual's behalf about several personal and medical matters. These choices vary from supporting them with activities of daily living to providing personal care to them.

Guardians are in the best position to ensure that a person receives the appropriate mental and physical care, including counseling, therapy, medicine, and other forms of treatment. They must provide the dependent with enough sustenance, safe housing, vigilant protection, and high-quality educational opportunities. A court holds a guardian responsible for their actions. If a guardian fails to fulfill their duty of care or disregards the needs of their dependent, the court has the authority to remove or grant guardianship.

What Is a Conservatorship?

A guardian is responsible for the individual's personal and medical matters, while a conservator manages their estate. It is not uncommon for an elderly person with dementia, an adult with a serious disease, or a rich child to be unable to make sensible and fair financial choices. They could wind up spending money on things that aren't required, buying or selling real estate and other things, without understanding the repercussions of such activities.

They may need the assistance of a conservator, sometimes known as a ward, to make sound and fair choices about their finances. The ward assists with financial problems, including estate planning, investing, bill paying, and other related tasks.

A conservatorship may be held by anybody who can convince a court of their right to do so and subsequently appointed by the court. This includes members of the immediate family, such as parents, adult children, and siblings, as well as anyone who can demonstrate that they are of sound mind to exercise legal power over another individual who is incapable.

Differences

Principal Duties and Obligations

The personal care of an elderly person or a minor ward, which may include housing and medical care, is within the purview of the guardian. Guardians are responsible for ensuring that their wards have a safe and secure location, which may include the guardian's own house, a caretaker's home, an assisted living facility, or a full-care facility.

Conservators are hired to ensure that the conservatee's day-to-day requirements and financial concerns are met, and they make financial choices in collaboration with the conservatee (when possible).

Additional Responsibilities

In addition to the obligations previously described, guardians have the additional responsibility of ensuring that minor wards are obtaining the proper education and receiving any necessary training that the ward may need. A guardian is responsible for various functions, including managing minor financial obligations, such as paying bills and buying essentials for everyday life.

Generally speaking, a guardian has the authority to make medical choices on behalf of the ward; however, this authority may be restricted in certain jurisdictions based on the ward's status. The conservator uses the ward's financial resources to pay the bills, which may include personal and medical expenses. They are also responsible for ensuring that income tax returns are submitted and payments are made when required.