Guardianships and Conservatorships: Learn the the Difference.
Two Different Peas in a Pod ? Are you asking, “How is that possible?”
It’s possible when you’re talking about guardianships and conservatorships. Both are legal documents that are activated to ensure that someone who is incapacitated by aging or by disability is properly cared for and protected.
In the state of Ohio, guardianships and conservatorships are the two different peas in a pod. They may seem similar, but they actually have significant differences.
In Ohio, in a guardianship, a guardian is appointed to make decisions for someone who is unable to make decisions about their own care and finances.
The guardian makes all decisions that are concerned with the individual’s health care, living arrangements, and general safety.
The guardian acts in the best interest of the protected individual and makes choices aligned with the individual’s desires, preferences, and values.
In contrast, a conservatorship, in Ohio, is a legal arrangement that grants someone the power to only manage an individual’s financial affairs. The appointed conservator manages the incapacitated person’s financial, property, or estate affairs. Conservatorships are often put in place when a person has assets that need managing, but they cannot manage them independently.
The court usually appoints guardianships when an individual cannot care for themselves due to age, medical conditions, or disability. In these cases, the court usually appoints a guardian following a detailed investigation of the individual’s overall health status and living conditions.
Usually the need for conservatorships arises when someone cannot manage their finances. This situation is caused by age, disability, or some other factors. Conservators are appointed by a court and may require evidence of the individual’s inability to manage finances effectively.
Guardianships and Conservatorships Scope of Legal Powers
There is another significant difference between guardianships and conservatorships and that is in the scope of the legal powers granted to the appointed individuals.
A guardian has the legal authority to make decisions concerning personal, medical, and legal matters. On the other hand, a conservator’s only power is concerning financial matters, like managing bank accounts, investments, and other assets.
As far as legal requirements are concerned, both guardianships and conservatorships require court approval. A potential guardian or conservator must demonstrate to the court that they are qualified and trustworthy to serve as the appointed party. The court will often take into account factors such as the person’s age, financial situation, qualifications, and overall suitability.
To sum it up, guardianships and conservatorships are both legal arrangements put into place to ensure that someone who is incapacitated is cared for and protected appropriately.
Guardianships provide legal authority over decisions about an individual’s health care, living arrangements, and safety.
Conservatorships give someone the power to manage the individual’s financial affairs.
Anyone considering these arrangements should call the office of Kabb Law at 216-991-5222 to consult with Rachel Kabb Effron concerning the legal requirements and procedures needed to appoint a guardian or conservator.
As compassionate experts in this field, we are here to help you and your loved ones navigate these treacherous legal waters to ensure the best possible care is being given.
We look forward to helping in any way we can. Contact us today!