By Jesse Maier, Attorney, SW&L Attorneys
When a family member or friend can no longer manage their personal or financial affairs, the courts can step in through guardianships and conservatorships. While these terms are often used interchangeably, they address different needs, and understanding which tool is right (or whether you need both) is key to protecting a vulnerable adult.
1. Why Consider Courtappointed Protection?
- Cognitive decline (e.g., dementia)
- Mental health crises or substance dependencies
- Physical or traumatic brain injuries
- Recent instances of financial exploitation
In every case, the core question is: Can this person still make sound decisions about their health, living situation, or finances? If not, a trusted guardian or conservator can be appointed to act in their best interests.
2. Guardianships: Care of the Person
A guardian of the person has authority over:
- Health-care decisions
- Choice of residence and personal care
- Daily needs such as dental, medical treatments, and general maintenance
Each state court limits a guardian’s powers; major choices (like relocating someone out of state or certain medical procedures) often require prior court approval. In every action, the guardian must prioritize the ward’s (the person to be protected by the guardianship) well-being and expressed wishes.
3. Conservatorships: Care of the Estate
A conservator of the estate (or simply “conservator”) manages the protected person’s financial and legal affairs:
- Collecting income and benefits
- Paying bills, taxes, and debts
Investing, preserving, or selling assets when necessary
Courts generally grant conservators unilateral decision-making power over the estate—again, always requiring that decisions serve the protected person’s best interests
4. One Person, Two Roles (or Two People, Two Roles)
- Combined role: Often, one individual or institution serves both as guardian and conservator. Choice of residence and personal care.
