Even the most independent people may eventually need support from others as they age. Many older adults eventually struggle to manage their own affairs or make decisions in their own best interests.
Cognitive decline and physical challenges related to age can make it difficult for people to live independently. In some cases, concerned parties may decide to petition the courts for guardianship or conservatorship.
Both arrangements allow an outside party to support an adult who cannot effectively manage their own affairs. Those who understand the difference between a conservatorship and a guardianship can more effectively choose between these two options before petitioning the courts.
What separates guardianship from conservatorship?
A conservatorship is an arrangement in which one adult manages the assets and financial obligations of another. A conservator can pay bills, manage resources and make financial decisions for a ward.
Guardianship is a broader form of authority. A guardian fills a role much similar to that of a parent. They manage daily affairs and make medical decisions in addition to handling financial matters for an incapacitated adult.
In cases involving mild to moderate cognitive decline, conservatorship can be sufficient for an older adult’s financial stability and safety. In scenarios where people truly cannot act in their best interests or live on their own safely, guardianship might be necessary.
Family members and others concerned about the physical safety and financial stability of older adults may need to go to court to seek the legal authority necessary to support a vulnerable individual. Both conservatorship and guardianship can be valuable for those who cannot live fully independently due to medical challenges or advanced age.