Guardianship / Conservatorship

One of the most common misconceptions is that guardianship and conservatorship are the same. Guardianship and Conservatorship are given by Courts when a person can no longer make decisions for themselves, or when an individual has become incapacitated.

Guardianship is given by a Court over a person, otherwise known as a ward. Guardianship will allow another person to make medical decisions, housing decisions and personal decisions for the ward.

Conservatorship is given by a Court over a person’s finances. Conservatorship allows a person to control when and how to spend the ward’s money.

As mentioned above Guardianship and/or Conservatorship is given when an individual can no longer manage his or her affairs or has become incapacitated. Courts are reluctant to remove the rights of an individual to make these decisions for themselves. Therefore, courts look to the least restrictive means necessary and will impose an approach necessary to achieve the least restrictive environment for the ward. 

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