Whether you have a loved one who is a minor or full-grown adult who is unable to make sound decisions, there are legal roles you can pursue to care for them. Allow us to explain the difference between guardianship and conservatorship.
Guardianship Role vs. Conservatorship Role
Both a guardian and conservator have a court-appointed role to make decisions on behalf of someone who is incapacitated. In general, incapacitated means “unfit for normal functioning.” When should guardianship or conservatorship be pursued? Let us explain:
- Conservatorship is pursued when the incapacitated person is over 18 years of age. The guardian will focus mainly on making financial decisions for the person, as their mental state is no longer healthy enough to make these decisions on their own.
- Guardianship is pursued when the incapacitated person is a minor (under 18 years of age). Rather than focusing on financial decisions, the guardian will help the minor with health-related decisions and other personal needs.
Even if you know the minor or adult would want you to care for them in these ways, it must be approved through the court system. This can be a very emotional time, as you’re dealing with the loss of a healthy mental state in a loved one. An experienced family law attorney can compassionately help you pursue the best route for this role.
Our family law attorneys can guide you through the conservatorship or guardianship process.
Our team is experienced and knowledgeable about both the conservatorship and guardianship processes. We’re here to answer your questions and help you determine which one is best fit for your situation. Call us today to schedule a consultation: 478-987-1415
Stay tuned for our next blog about guardianship and conservatorship! If you missed our first blog in this series, you can check it out here:
- FAQs – Guardianship in Georgia
- What’s the difference between guardianship and conservatorship?
- 4 Common Questions about Conservatorship