Conservatorship vs. Guardianship: A Simple Guide for Seniors and Families

  • If someone can no longer make or communicate safe decisions, a court can appoint a trusted person to help.
  • Conservatorship usually covers money and property. Guardianship usually covers personal care and daily living.
  • State laws differ. Names and duties may vary. Talk with an elder law attorney for guidance.
Elderly couple and family member discussing important documents at home.
Elderly man reviewing financial information on a screen, representing conservatorship duties.

What Is Conservatorship?

  • Purpose: Manages money, property, and legal/financial affairs.
  • Who is appointed: A conservator (a person or a professional/corporate fiduciary) appointed by the court.
  • Who is protected: Often called the protected person. Some states use different terms.
  • Typical duties:
    • Pay bills and manage bank accounts
    • Protect income and assets
    • File taxes and keep records
    • Prevent financial exploitation
Caring adult daughter assisting elderly mother with daily care at home.

What Is Guardianship?

  • Purpose: Manages personal, medical, and daily care decisions.
  • Who is appointed: A guardian appointed by the court after finding clear and convincing evidence of incapacity and need for ongoing support.
  • Who is protected: Often called the ward (some states use different terms).
  • Typical duties:
    • Consent to medical care and coordinate with doctors
    • Choose safe housing and support services
    • Oversee daily needs like meals, transportation, and safety

Conservatorship vs. Guardianship: The Difference

  • Conservatorship = finances and property
  • Guardianship = personal and health decisions
  • Some states combine both roles into one order. Others split them. Orders can be limited to only what’s necessary.

Alternatives to Consider Before Going to Court

  • Durable Power of Attorney (finances) and Medical Power of Attorney (healthcare): Works only if the person still has capacity when signed.
  • Supported Decision-Making: The person keeps control but chooses supporters to help.
  • Representative Payee: Manages specific benefit income (for example, Social Security) but not other property.
  • Advance Directives and Living Wills: Guide medical decisions.
  • Trusts: May help manage assets without court oversight. Tip: Courts often prefer the least restrictive option that still keeps the person safe.

Who Can Be Appointed?

  • Family member, trusted friend, or professional/corporate fiduciary
  • The court chooses who is best qualified and can require background checks and reports
  • Fiduciary duty: Appointees must act in the protected person’s best interest, keep records, and follow court rules

Family Dynamics and Risks to Consider

  • Disagreements about capacity can create conflict
  • Competing petitions may strain relationships
  • If someone seeks control for personal gain, the court can step in
  • Mediation can help families find common ground before or during a case

How to Get Started: Step-by-Step

  1. Notice a safety risk or inability to manage important tasks (finances, medications, hygiene, housing).
  2. Talk with the person and close family to explore less-restrictive options first.
  3. Collect key documents: ID, medical information, bank statements, powers of attorney, prior legal documents.
  4. Schedule a consultation with an elder law attorney to review options and state-specific rules.
  5. If needed, file a petition with the court for guardianship and/or conservatorship.
  6. Court evaluation: Medical and functional assessments may be required. The person has rights, including notice and representation where applicable.
  7. Hearing and appointment: The judge may grant limited or full authority and set reporting requirements.
  8. Ongoing duties: Keep records, file reports, and update the court as required. Orders can be modified or ended if circumstances change.
Elder law attorney meeting with senior couple to review guardianship documents.

FAQs

Is guardianship the same as power of attorney?
No. A power of attorney is chosen by the person when they have capacity. Guardianship is court-ordered when the person cannot safely decide for themselves.
Can the person still make any decisions?
Yes, if the court grants a limited order. The goal is to keep as much independence as possible.
How long does it last?
It depends. Guardianship or conservatorship can be temporary or ongoing. The court can change or end it if the person improves.
What does it cost?
Costs vary by state and situation. Typical costs include court fees, evaluations, and attorney fees. Many fees may be paid from the protected person’s estate if approved.
What if our family disagrees?
The court listens to evidence and chooses what best protects the person. Mediation can reduce conflict and stress.