Conservatorship vs. Guardianship: Understanding the Key Differences

Adults typically have full control over their daily lives and also their financial resources. However, some circumstances prevent people from maintaining that legal and financial control. Individuals with debilitating medical conditions, like Alzheimer’s disease, may become incapable of managing their own affairs. Concerned individuals including their family members or caregivers providing them with support might pursue a guardianship or conservatorship as a means of protecting a vulnerable older adult.

What legally separates a conservatorship from a guardianship?

Guardianship Has to Do With Basic Daily Needs

As with a minor child, a guardian appointed by the courts to care for a vulnerable adult has to ensure they have their basic needs met. Guardians typically make decisions about where someone lives and what medical care they receive.

The support of a guardian can help ensure an individual’s safety and health when they cannot make choices that are in their own best interests. They should be proactive about trying to uphold the vulnerable party’s best interests in all major decisions.

Conservatorship is About Financial Support

In some jurisdictions, the courts refer to conservatorship as guardianship of the estate. The courts appoint a competent adult to manage the assets that belong to a vulnerable adult and handle their financial obligations.

A conservator has an obligation to act in the best interests of the person whose assets they manage, much like a guardian. In some cases, an individual may may require support regarding their day-to-day life and medical care. Other times, they already received support because they live in a facility but require assistance managing their resources so that they can continue to afford living there.

Both conservatorships and guardianships are typically involuntary arrangements. The courts hear from concerned adults and determine that granting authority to another individual may be in the best interests of a vulnerable person. They may even decide to appoint both a conservator and a guardian.

While many older adults fear or even resent the idea of being subject to guardianship or conservatorship, such support exists for a reason. People who lack the capacity to act in their own best interests can make choices that endanger their medical or financial future.

Seeking a conservatorship or guardianship can help protect older adults who struggle to act in their own best interests. Those who understand the different options available can more effectively develop a case to present in court.