Deciding when it is time to set up a guardianship or conservatorship for a family member can be very taxing on everyone involved. In many situations, external forces such as hospitals, skilled nursing facilities and nursing homes are providing pressure on the family to have a decision made. As families navigate the process of ensuring the care of a loved one, disputes may arise over whether a guardian or conservator is even necessary and who should serve.
What is the Difference between a Guardianship and a Conservatorship?
Guardianship – A guardianship is a probate court appointment of a guardian to make decisions for an adult who has lost sufficient capacity to make or communicate significant responsible decisions concerning an individual’s health or safety. The power of a guardian over the person of his or her ward is like that of the parent over his or her child, but only to the extent necessary for the adult’s actual limitations and in the least restrictive manner possible while observing that adult’s individual rights and dignity.
Conservatorship – It is a designation based upon the same principle as guardianship except the adult has lost sufficient capacity to make or communicate significant responsible decisions concerning “the management of his or her property.”
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At O’Dell, O’Neal, Hungerford & Blanchard, our legal team is ready to support you and your family to come to the best decision that will ensure your loved one’s wishes and well-being are a priority. We are highly experienced in helping families understand the differences between guardianship and conservatorships, and help them reach a conclusion of when one of these services is needed.
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