What is the difference between a guardian and a conservator?
Generally it can be said that the guardian makes decisions about the person, such as medical or housing decisions, and the conservator makes decisions about the property or the finances of the person. A guardian and a conservator can be the same person or institution or they may be different. For example, a guardian could be a person and a conservator could be a trust company or bank.
Generally, it can be said that the guardian makes decisions about the person, such as medical or housing decisions, and the conservator makes decisions about the property or the finances of the minor. A guardian and a conservator can be the same person or institution or they may be different. For example, a guardian could be a person and a conservator could be a trust company or bank.
A Guardian is a person who has been appointed by a court (usually the Probate Division of the Circuit Court) to have the care and custody of a minor or an adult who has been legally determined to be incapacitated. A Conservator is a person or a corporation, such as a bank or trust company, appointed by a court (again usually the Probate Division of the Circuit Court) to manage the property of a minor or of an adult person who has been legally determined to be disabled. The same person is often appointed to both roles.
Not every state makes the same distinction between the two terms, but Arizona uses “conservator” to refer to an individual who has been appointed to manage the money of a minor or an adult needing protection. A “guardian,” on the other hand, is someone who has been appointed to make personal, living arrangement and health care decisions for an incapacitated adult or a minor child (assuming, in the case of a child, that the parents are not available to make those decisions). In some other states the terms are used differently, so be careful about terminology outside Arizona.
