What is the Difference?
Should You Apply for Both?
A Guardian has the legal right to care for and make decisions for another, whether the person to be cared for is a child under the age of eighteen or an adult who, due to a mental or physical disability, is unable to care for himself or herself.
A Conservator has the legal right to manage the income and assets of the person to be protected, whether that person is a minor or an incapacitated adult.
Often the person seeking to be named as Guardian or Conservator (or both) is a relative of the child or incapacitated adult, but not always, and this is not a requirement.
If you are a relative or close friend of a child whose parents are unavailable or of an adult who, due to mental illness or physical limitations is unable to care for himself or herself, you cannot legally make decisions regarding that person’s welfare without being appointed as that person’s Guardian.
In some cases, the person to be protected has income and assets that should also be protected. In those cases, you also must be appointed as their Conservator. A Guardianship only lets you protect the person, not their estate.
The two often go hand in hand. If you are caring for a young child with no assets or income, a Guardianship is sufficient, and a Conservatorship is not needed. For an incapacitated adult, who is unable to make sound decisions, and has income and assets, however small, it is likely you will need both.
If you are caring for a child with the assent of his or her parents, a Caregiver Certificate, signed by a parent, may be enough to give you the authority you will need to act on that child’s behalf.
At Newburyport Family Law, we will meet with you to discuss the needs of the person you wish to protect. We will assist with the preparation of the paperwork you must file with the Court, satisfy the various notice requirements and appear with you before the Court to make sure your request to be appointed as Guardian or Conservator or both is granted.