Many people do not know the difference between a guardianship and a conservatorship until they need one. The primary difference between the two is the age of the person that is the subject of the proceedings. For example, a person would need to pursue a guardianship if the person that is the subject of the proceedings is a minor, that is to say, someone that is under the age of 18.
On the other hand, a conservatorship is needed once someone is already over the age of 18, but they still need assistance with life. This is usually due to some sort of permanent special need rising to a level of physical or mental incapacity that makes it difficult or impossible for the individual to do so one their own.
Under both a guardianship and a conservatorship, the distinction can be made between gaining control over the person and/or their estate. The “person” refers to making decisions about the actual individual’s care and personal affairs. The “estate” refers to making decisions about the person’s assets.
For more information about how the Law Office of Merrill A. Hanson APC can make a difference for you in the areas of Guardianships or Conservatorships, you can read more here. To learn how to avoid using Guardianships and Conservatorships altogether with an estate plan.
Originally published May 30, 2018 by Merrill A. Hanson. This is not nor is it intended to be legal advice. Seek out an attorney for your own unique legal situation.
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