Do You Know The Difference Between A Conservatorship And A Guardianship?
Many people use the terms conservator and guardian interchangeably, but in Texas, there are real, vital differences. The primary difference between a guardian and a conservator is the scope of the authority granted to a guardian vs. a conservator.
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we are attorneys working to help our clients understand their probate and estate problems and solve them before they get out of hand. People in Conroe, and across the Houston-Woodlands-Sugar Land metropolitan area rely on our attentive service standards. We do what we can to put you in the driver’s seat for your legal issues, and that’s especially important in high-stakes issues like conservatorships and guardianships. The first step here is information, so let’s look at them a little more closely.
What Is A Conservatorship?
A conservatorship is a legal relationship where one person takes on the financial affairs of someone else. It takes a court order to create these relationships, and those orders are generally for those who cannot handle their own affairs. However, conservatorships are often for those who are found to be mentally competent but cannot take care of their financial affairs for some reason.
However, a conservator has only authority over the protected person’s finances. They cannot make medical or personal decisions or dictate care. Their authority is strictly to maintain the financial assets owned by the person in their care.
What Is A Guardianship?
A Guardianship is a legal relationship where the court appoints someone to make decisions for someone else. Guardians have broad power over their ward – the individual in their care – and guardianship can fall into one of two categories:
- Guardian of the person: Able to make decisions about medical care, housing and other personal issues of an individual.
- Guardian of the estate: Able to make decisions about the finances of an individual
While guardian of the estate and conservatorship seem similar on their surface, in practice, they’re used for very different populations. Someone is usually only put into guardianship when they do not have the mental capacity to make decisions for themselves.
Conservatorship vs. Guardianship? We Can Help You Decide.
If you believe someone you love can no longer care for themselves, you must act. Our conservatorship and guardianship attorneys are here to guide you through the complexities of Texas law and help you make the right choice for the people who need your help.
Reach out to us today for a meeting by calling us at 281-524-6979 or sending us an email using this form.