Conservatorship vs Guardianship

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Conservatorship vs Guardianship

Conservatorship:

  1. Estate Management: A conservatorship typically focuses on managing and protecting the financial affairs and assets of an individual who is unable to do so independently. This includes managing bank accounts, property, investments, and other financial matters.

  2. Adults: Conservatorships are often established for adults, especially those with mental illnesses, cognitive impairments, or other conditions that affect their financial decision-making capabilities.

  3. Specific Duties: The conservator is responsible for making financial decisions on behalf of the incapacitated individual. These decisions should be in the best interest of the person under conservatorship, and the conservator is legally bound to act in their best interests.

  4. Court Oversight: The establishment of a conservatorship usually involves court proceedings. The court monitors the conservator's actions to ensure they act in the best interests of the individual under their care.

Guardianship:

  1. Personal and Medical Care: Guardianship primarily pertains to the care and well-being of an individual, including decisions related to their personal and medical needs. This can include decisions about living arrangements, medical treatments, and daily care.

  2. Minors and Adults: Guardianships can be established for both minors and adults who are deemed unable to make decisions about their welfare. For minors, this often involves appointing a legal guardian to make decisions on their behalf.

  3. Broader Scope: While guardians often have authority over financial matters as well, their primary focus is on personal and healthcare decisions. They may work with a conservator if financial management is also necessary.

  4. Court Oversight: Similar to conservatorships, guardianships typically involve court oversight to ensure that the guardian is acting in the best interests of the individual under their care.

Dorsey's Realty Disclaimer -  Remember, consult with an attorney who specializes in probate and trust matters to ensure that the disclaimer meets the specific legal requirements and addresses the unique circumstances of your situation. This disclaimer is a general example and may need to be customized to fit the specific circumstances and legal requirements of the probate estate or trust you are dealing with. It is always advisable to consult with a legal professional to ensure compliance with relevant laws and regulations.  Contact your dedicated Certified Residential Real Estate Probate Specialist Fred Dorsey "Prince of Probate" to schedule a telephone consversation. 301.760.2178 Local Expertise. Global Presence 

 

 


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