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Frequently Asked Questions (FAQs)

Conservatorships and Guardianships

What’s the difference between a conservatorship and guardianship?

• A court will appoint a conservator of the person for a person who is 18 or older if the court determines that he or she is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter.

• A court will appoint a conservator of the estate for a person who is 18 or older if the court determines that he or she is substantially unable to manage his or her own financial resources or resist fraud or undue influence. The appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction that binds or obligates the conservatorship estate.

• Ordinarily, the court will appoint as conservator the person or persons the conservatee nominates, or has previously nominated, in writing. All estate plans should include a Nomination of Conservator by which you nominate a person or persons to serve as conservator if a court ever determines that you need a conservator. (Such a nomination is included in the Durable Power of Attorney we prepare.)

• A court will appoint a guardian for a person less than 18 years of age if there is no parent able and willing to make sure the minor’s needs for food, clothing, shelter, education and medical care are met. All guardianships terminate when the child attains the age of 18 years.

• The court will ordinarily appoint as guardian the person or persons whom the parents have nominated. For that reason, parents of minor children should always execute a nomination of a nomination of guardian for their children. Such a nomination should prevent any fighting among family members as to who should assume responsibility for the minor if his or her parents become unable to do so.