Legally, all adults have the right to govern their own personal and financial situations unless they are incapacitated. But, once an individual becomes unable to manage their own affairs due to age, illness, or injury, sometimes the court must get involved before someone can step in to help.

Unless the individual's living will includes a medical or financial power of attorney, the court will appoint a guardian or conservator to manage the unmet need. While the two roles can be combined, they are legally distinct. A guardianship covers personal and medical decisions, and a conservatorship covers finances.

Guardianship Vs. Conservatorship

1. Guardianship Is Primarily for Medical Decisions

A legally appointed guardian is responsible for seeing to the medical care and physical needs of their ward. This may include managing medications, pursuing treatment for various conditions, and housing the individual either at home or in an appropriate facility.

2. Conservatorship Is Primarily for Financial Affairs

A conservator manages the financial needs of the conservatee, including overseeing accounts, managing investments, and even pursuing lawsuits on their behalf. The conservator is overseen to ensure their decisions are in the conservatee's best interests, and protections are put in place over their assets.

3. Guardianship May Be Limited

While a conservator has very little say in a conservatee's daily life, a guardian may have a great deal of control over their ward's living situation, making decisions including where the ward will live, what they'll eat, what medical care they'll receive, and how much freedom they'll have. When this degree of control is unnecessary, a limited guardianship may be established, covering only those aspects of the ward's care which they are unable to attend to on their own.

Unfortunately, whenever a court proceeding is required, the cost to the individual increases significantly.  With proper planning, these costs can be avoided.  For that reason, it is important to visit with an estate planning advisor to ensure all of your planning documents are in order.

Ng & Niebling in Honolulu, HI, provides legal advice regarding estate planning, probate, and conservatorships. If you or a loved one need help in estate law or related areas, call (808) 732-7788 to request a consultation or send a message online.