The Difference Between a Conservatorship and Guardianship

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In case an individual is unable to make life’s important decisions, the relatives or friends may request the court to appoint a conservator or a guardianship. The courts assess the severity of the person’s condition and make decisions accordingly.

The court generally appoints a conservator or guardian for minors, mentally handicapped, or incapacitated persons. But what do these terms actually mean? And are there any differences between the two? You will find out the answers to the questions here in this article.

What is Conservatorship?

A conservatorship is a legal relationship between a minor or incapacitated individual who cannot take care of his or her financial affairs. The conservator has the legal authority to make financial decisions on behalf of the conservatee.

The conservator generally manages the investments, bank accounts, and other similar assets. The conservator also manages other aspects of the conservatee’s finances including handlings debts, paying bills, and managing the cash flows.

What is Guardianship?

Similar to a conservatorship, a guardianship is created by the court to manage the affairs of the minor or incapacitated person. However, the guardian has more powers over making decisions on behalf of a person deemed incompetent or incapacitated by the court.

The person on whose behalf the guardianship is created is known as the ward. Apart from handling financial affairs, a guardian generally makes decisions about other aspects of a person’s life. Generally, a guardian makes decisions about the persons’ living arrangements, safety, and medical treatments.

When is Creating a Conservatorship or Guardianship Important?

The court considers different things when deciding whether the person needs a conservator or a guardian. Here are some of the things that are considered in making a decision.

  • The health condition of the person — The court will consider whether the person suffers from serious memory impairments. Also, the court will look at medical records to determine whether the persons suffer from debilitating diseases such as Alzheimer’s or dementia.
  • The ability to take care without outside help —The court will determine whether the person perform certain daily tasks dressing, bathing, eating, and toileting.
  • The ability to make important financial decisions — The court will find out whether a person has the mental capacity to properly manage the finances.

A court will appoint a conservatorship in case the person is unable to make important financial decisions. A guardian will be appointed if the person cannot take care of oneself without assistance from others. Hiring an experienced conservatorship or guardianship attorney in Illinois is important. The attorney will help you in making the right decision regarding your child or parents. Also, you will know about the alternate options that will be better for your loved ones.

To get in touch with an experienced attorney, you should contact us today. We can connect you with an experienced attorney who can help you take the right decisions for your loved ones.