Guardianship and Conservatorship

Educational resources for families caring for an adult who may need help with personal, medical, or financial decisions

What’s the Difference Between Guardianship and Conservatorship?

Guardianship and conservatorship are related, but they are not the same.
A guardian usually helps with personal, medical, care, and living decisions. This may include decisions about doctors, care providers, living arrangements, support services, and personal safety.
A conservator usually helps with money, property, and financial decisions. This may include paying bills, managing accounts, protecting assets, filing reports, and preventing financial exploitation.
In some cases, one person may serve as both guardian and conservator. In other cases, different people may serve in each role.
  • Simple Comparison
  • Guardian: Personal care, medical decisions, and living arrangements.
  • Conservator: Money, property, bills, and financial management

When Might Guardianship or Conservatorship Be Needed?

Families may consider guardianship or conservatorship when a loved one cannot safely make important decisions or manage important responsibilities.
  • Common situations may include:
  • Dementia or cognitive decline
  • Stroke or brain injury
  • Serious mental illness
  • Developmental disability
  • Unsafe living conditions
  • Inability to manage bills or finances
  • Medical decisions that cannot be made
  • No valid power of attorney or advance directive
  • Family disagreement about care or finances
These are serious steps. Courts may want to know whether less restrictive alternatives are available before granting guardianship or conservatorship.

Alternatives and Court Involvement

Depending on the situation, there may be alternatives to guardianship or conservatorship. These options may be less restrictive and may avoid or reduce court involvement.
  • Possible alternatives may include:
  • Power of attorney
  • Advance medical directive
  • Health care proxy
  • Representative payee
  • Trust administration
  • Family support arrangements
  • Care management services
  • Voluntary help from trusted family members
Not every alternative works in every situation. Many documents need to be created before the person loses the ability to sign them.
If court involvement is needed, the process may include a petition, medical or capacity evidence, notice to family members, appointment of a guardian ad litem or similar representative, a court hearing, and a court order defining the guardian’s or conservator’s authority.

What Does a Guardian or Conservator Do?

A guardian or conservator has a responsibility to act in the best interests of the person they are helping. The exact duties depend on the court order and state law.
  • A guardian may be responsible for:
  • Making care decisions
  • Communicating with doctors
  • Choosing or approving living arrangements
  • Monitoring safety and well-being
  • Filing required reports
  • A conservator may be responsible for:
  • Identifying assets
  • Managing income and expenses
  • Keeping financial records
  • Filing inventories or accountings
  • Avoiding conflicts of interest
  • Preserving assets for the person’s care
  • Important:
  • Guardianship and conservatorship are not just family roles. They may come with court oversight, reporting duties, record keeping requirements, and serious responsibilities.

Trying to Help an Aging Loved One?

Guardianship and conservatorship can be emotional and complicated. The Probate Nation library can help you learn the basic terms, responsibilities, and questions to ask before taking the next step.
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