Share:

When you are responsible for the care of a child other than your own or an incapacitated individual who can’t care for themselves, you typically have two legal options. You can have yourself appointed as that person's guardian or conservator. These two roles sound similar but are not interchangeable. Below is an explanation of what guardianship and conservatorship are and how they differ.

Guardianship

A guardian is responsible for the child or incapacitated person's personal care, living arrangements, and health. This person is called the guardian's "ward." If they are an adult, they normally have a mental or physical condition that prevents them from making decisions or communicating their wishes with regard to their own welfare.

Any individual or a licensed private entity may act as guardian, and a court may assign a public fiduciary to act as guardian to an incapacitated adult. If you have an interest in the person's welfare, you can petition the court for guardianship, and you will thereafter take over a role similar to that of a parent—arranging meals, lodgings, social activities, and medical care; generally, they’re responsible for the ward's safety and well-being.

Conservatorship

Guardianships-Kingman-AZA conservatorship is more responsible for another person's financial affairs than their living arrangements. The conservator has the duties and powers to pay the protected person's bills, receive their income, withdraw and deposit to their financial accounts, and invest their funds. They must keep detailed records of all transactions and are held to a standard of care, meaning they must act prudently in all of the protected person's financial matters. They may not use protected funds to pay their own bills. Again, if you are an interested party, you can petition the court for conservatorship, but the protected person—if they are an adult—must be examined by a physician and represented by an attorney.

It is worth mentioning that the duties of each type of fiduciary can overlap.

 

For expert legal help setting up a guardianship or conservatorship, contact the attorneys at Sippel Law Firm in Kingman, AZ. They have been serving clients in and around Mohave County for over 35 years and have strong ties to the community. Visit their website to reach out to them online or call  (928) 753-2889 to arrange a consultation.

tracking