There is often confusion over types of oversight that might be legally required on the behalf of someone. The two main types of legal oversight are guardianship and conservatorship. It’s important to understand the differences between these two things. According to WebMD, 1.3 million guardianship cases are active at any time in the United States. Let’s look at how these two options differ.

Guardianship

Guardians are often named under terms determined in estate planning. Guardianships are often associated with the passing of a legal custodial parent. When a legal guardian dies, another individual can be named as a guardian for minors.

Guardians are also sometimes appointed for temporary purposes. For instance, if parents are going to be away from a child for an extended period of time, a legal guardian can be appointed. This can be done by filling out guardianship papers with the court. The specific responsibilities of the guardian will be outlined in the documents.

Guardians are appointed to ensure that minors are properly looked after when their legal guardian isn’t available for whatever reason. A guardianship attorney is often needed to execute the necessary details for this legal action.

Conservatorships

A conservator is appointed by a court when an adult is determined to be incapacitated or incompetent. This is often the result of a physical or mental disability. In some cases, it’s a result of both mental and physical disabilities. There must be documented proof from a medical professional stating the incompetence. These documents must be presented at the conservatorship hearing.

The appointed conservator is often a family member or a close friend. After the conservator is appointed, this individual will have legal authority to make decisions for the conservatee. This includes financial and personal well-being decisions. Decisions must be documented and reviewed by the court. All decisions must be reviewed regularly to ensure that the conservator is not in any way abusing their conservatee.

Conservatorships often have a limited capacity or an expiration date for the arrangement. A limited conservatorship will need to be revisited in the court after the expiration date. This ensures that if the individual’s circumstances change, the extent of the conservatorship can be changed as well.

These are just a few details concerning guardianship and conservatorship. Do you have more questions about guardianship or conservatorship? If you’d like to learn more or need a guardianship attorney, please contact Fountain City Law Group today.