Conservatorship vs Guardianship: Differences Seniors Should Understand
In 2023, the Alzheimer's Association reported approximately 6.7 million Americans 65 and older were living with the disorder. The disease is progressive, so cognitive function worsens over time.
People often plan who'll be in charge of their loved one's health and estate in cases like these. However, there's often a question of conservatorship vs guardianship. People are sometimes unsure which is best.
You're in sound mental health but have wondered lately what to do if you become unable to manage your affairs, financial or otherwise. It's vital to jump on elder care planning before it's too late.
Below, we'll discuss conservatorship vs guardianship. Read on as we explain the differences, alternatives, and disadvantages.
Conservatorship vs Guardianship: What's the Difference?
The difference between a conservatorship and a guardianship depends on where you live. In some states, like California, people can obtain guardianships over minors only.
Others, like Kansas, use the terms interchangeably -- conservatorship and guardianship are essentially the same in these places. We'll explain the differences between the two states to help you understand.
Conservatorship and Guardianship in Kansas
In Kansas, a conservatorship is when a person is awarded the legal right to oversee the conservatee's financial matters.
"Financial matters," include bill payments and investing money. A guardian is a court-appointed person who makes day-to-day decisions on behalf of a ward who cannot do so.
The guardian can choose where their ward lives and what doctor they see. Conservators and guardians don't have to be family members. Wards have the legal right to propose who serves in either role.
A single person can perform both duties or separate people can take a role each. However, the court has the final say.
Are There Different Types of Conservatorships and Guardianships?
States like California have different types of conservatorships. A Lanterman-Petris Short (LSP) conservatorship is appointed over conservatees who cannot provide for themselves due to a mental disorder.
These are implemented to provide treatment, supervision, placement, and financial oversight. Probate conservatorships are for people who can't care for their personal needs and finances.
These arrangements are supposed to oversee and protect the conservatee's best interests, rights, and finances. Only psychiatrists for adults with mental illness can launch an LSP conservatorship.
Any responsible adult can launch a probate conservatorship. Britney Spears' father petitioned for and won the right to the latter on her behalf after a three-day stay in a psychiatric hospital.
California doesn't have guardianship for adults. Remember, we said they only allow this for minors. The probate conservatorship serves this function for people 18 and older; Brittney was 26 when her conservatorship began.
Kansas, though, doesn't make the distinction based on age. There is no LSP or probate conservatorship.
Kansas appoints conservatorship and guardianship roles when a person cannot make sound decisions due to age, mental, or physical condition. The difference lies in what each role allows the appointees to do.
Elder Care Planning: Legal Protection for Seniors
People awarded conservatorships and guardianships are supposed to provide the most comfortable, dignified, and autonomous lives possible. The goal should be restoring independence to conservatees and wards.
Despite this, seeking either option should be the final resort. Conservatorships and guardianships should only happen when the person in question cannot make decisions on their behalf.
Late-stage Alzheimer's or dementia is a good example of when either or both types of oversight are necessary. Assigning power of attorney (POA) is a great alternative to conservatorship or guardianship.
What Is Power of Attorney?
Discussing power of attorney is an important part of estate planning for seniors because it establishes guidelines for what a person can do if you're incapacitated or unavailable. Here are a few examples:
- Handle financial management
- Find legal representation
- Make healthcare decisions
- Make property transactions
Unlike conservatorships and guardianships, a POA allows seniors more freedom over their lives. A conservatorship is less severe than a guardianship because the former only deals with financial issues.
However, only power of attorney can be initiated and ended voluntarily by the senior in question. Conservatorships and guardianships only end with court intervention.
Conservatorships are more costly than assigning a POA. You have to pay for filing the conservatorship, attorney fees, and yearly accounting. Meanwhile, a POA has a one-time fee.
The fee amount depends on the filing method. Using a lawyer may cost the most, at hundreds of dollars, but most states give the forms for free, and notarizing them may cost only $1 to $2.
The Dark Side of Conservatorships and Guardianships
Unfortunately, conservatorships and guardianships can have dark sides. Those who petition for them may not have their would-be conservatees' or wards' best interests at heart.
Britney Spears' attorney says she didn't want her father as her conservator. The claims made by Brittney and her attorney highlight an extremely negative relationship between the two.
We've established that conservatorships in California don't work the same as in Kansas. Conceptually, though, there's still a chance of getting into a situation you don't want.
We are not saying that your family or other loved ones would willfully exploit you. However, many of you reading this may not get along with certain family members.
Legal protection for seniors requires awareness of every possibility. Remember that you have some say in who is awarded conservatorship or guardianship over you if needed.
You can also petition against a conservatorship or guardianship. Petitions can be filed if you:
- Are deemed no longer incapacitated
- Have regained capacity
- Other circumstances determine that oversight is no longer needed
Once filed, the court will review your petition. They'll evaluate through the evidence given whether the conservatorship or guardianship should be terminated.
Knowledge Is the Best Legal Protection
You should at least understand the nuances of estate management for elders, but it's essential to seek senior legal advice from professionals.
Conservatorship vs guardianship, as far as Kansas law is concerned, comes down to what each type of oversight allows. The former involves financial matters, while the latter deals with daily care. However, assigning a power of attorney allows you the most autonomy.
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