Guardianship and conservatorship are court-appointed roles that can be awarded to allow one person to oversee another’s decisions. They are bestowed when someone is unable to make decisions on their own, for instance, due to injury, disability, or illness. Where they differ is the types of decisions they can make. A guardian usually makes non-monetary decisions while a conservator usually makes decisions regarding finances.

FAQs: Guardianship vs. Conservatorship

Who Needs a Guardian or Conservator?

A person who is deemed mentally or physically unable to make decisions about issues like money, health care, or other personal matters may require a guardian or conservator. Possible reasons for this could be that they are in a coma, suffering from dementia, or they’re a child.

How Is Guardianship or Conservatorship Awarded?

The person seeking guardianship or conservatorship files a petition. Then, a hearing is held when a judge determines if the individual in question is indeed incapacitated. If they are found to be unable to make important decisions, they are named a “ward” of the guardian or conservator.

Can the Court Appoint Both a Guardian & Conservator?

If deemed appropriate, yes; the court can appoint both. One person may serve in both roles, or they may be split between two people. A guardian only handles small amounts of money, so if more than $24,000 needs to be managed annually, a conservator is appointed as well.

Who Can Fill the Role?

Usually, it’s an immediate family member, such as a spouse or adult child. If close family members aren’t available, extended relatives or friends may be considered. If this isn’t an option either, a specialized attorney who works specifically in this area is appointed.

Can These Appointments Be Reversed?

Yes. The ward can petition the court for a reversal—if they can prove they are no longer incapacitated, the appointments are negated. Courts can also remove the role if this is deemed to be in the ward’s best interests. Also, guardians or conservators can resign.

If you are interested in conservatorship or guardianship, speak with a lawyer. For help in Granville, OH, look to Vernau Law LLC. For more than 25 years, these professionals have helped clients with family law issues. Whether you’re filing for divorce or need assistance with a child custody case, they can help. Find out more about their experience online. For an appointment, call (740) 587-2637.