Guardianship vs. Conservatorship | The TGQ Law Firm

What Is The Difference Between Conservatorship and Guardianship?

Conservatorships and guardianships are part of the probate court process when an individual becomes incapacitated. The law deems a person incapacitated if they cannot properly care for themselves or their property. If no living wills or powers of attorney exist, the court will provide support for this person via a conservator, a guardian, or both. 

Conservatorship vs. Guardianship

Both conservators and guardians help support the incapacitated person by managing aspects of the person’s life and making decisions for them. The difference lies in which parts each role handles:

  • A conservator manages property and business matters, including collecting and managing assets.
  • A guardian manages personal matters, such as the person’s medical and housing needs.

Although these roles cover different responsibilities, the same person may act as an individual’s conservator and guardian.

The courts assign conservators and guardians in probate court, giving them the authority to legally make decisions for and manage the affairs of the individual in question. Many adults wonder whether they can avoid having a conservator or guardian, and the answer is yes.

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How To Avoid Adult Guardianship or Conservatorship

The probate court assigns guardians and conservators when they receive petitions from concerned parties. This concerned party might be a family member or anyone else with a vested interest in the individual’s welfare. Once an investigation verifies the conditions of the petition, sometimes through a hearing, the court decides who will serve in the required roles.

Adult guardianship or conservatorship does not appeal to most adults, who will lose the ability to manage their affairs. You can avoid adult guardianship or conservatorship through estate planning. 

For example, if you already have a medical power of attorney, no other guardian is necessary. This durable power of attorney grants someone you choose the ability to make medical decisions for you if you become incapacitated. When you put a power of attorney in place, you get to choose who makes decisions on your behalf rather than the courts. 

Here at The TGQ Law Firm, we always recommend having a power of attorney put in place if you want to avoid having a guardian or conservator assigned to you.

Planning for the Future

Family members and loved ones of those who do not have powers of attorney and become incapacitated must fight the courts and possibly each other to decide who will become the person’s guardian or conservator. This process does not always involve disputes, but tensions add to the already stressful situation when family members can’t agree.

Instead of leaving your family with unnecessary stress, look into estate planning. An estate plan through The TGQ Law Firm can help you plan for your future by:

  • Setting up powers of attorney
  • Creating a will
  • Forming a trust

Our estate planning professionals will also answer all the questions your loved ones might face if you become incapacitated or pass away.

You will reduce stress for your family and yourself because you get to choose the person making the decisions. You likely trust this person significantly more than someone you did not choose yourself.

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What Is Estate Planning?

Estate planning involves creating a legal blueprint for your future. Qualified lawyers provide estate planning services to help clients protect their loved ones, assets, and selves using legal documents and processes. 

Will vs. Trust

Creating a will or trust represents a significant aspect of estate planning. These documents help adults prepare for the future by expressing how they want their assets distributed. However, they function very differently:

  • Wills name an executor, the person in charge of carrying out the person’s wishes throughout the probate process and distributing assets.
  • Trusts name trustees who manage the estate according to previously established guidelines within the document. Unlike wills, trusts do not require court oversite or authorization. 

Learn more about the differences between a will and trust.

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Estate Planning Attorney in Ann Arbor, MI | The TGQ Law Firm

If you want to avoid having to consider conservatorship vs. guardianship, let the team at The TGQ Law Firm help you with your estate planning needs. We can help you set up powers of attorney to avoid needing a guardian or conservator. We will also help you with your will, trust, and any other estate planning needs to prepare you for your future.

We serve clients throughout Michigan. Click here to schedule a 15-minute no-cost consultation or call 734-707-3232 today.

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Disclaimer: This article is not intended to be legal advice. Everyone’s situation is different and legal advice is only properly given after having reviewed your specific situation.