When someone isn’t able to make decisions on their own – for one reason or another – family members often seek a court’s permission to act on their behalf via guardianship or conservatorship.
What’s the difference between the two designations? Guardianships and conservatorships do have some similarities, but there are important distinctions to keep in mind.
One relates to a person who is present – and one does not
Every state has its own way of defining the differences between guardianship and conservatorship. In Florida, a guardian is established when a person is incapacitated due to injury, illness or because they are still a minor. The guardian makes day-to-day decisions for the incapacitated person, or ward, which could include helping them get medical care or determining when it’s time for them to move into an assisted living center or a nursing home. Guardianship can be divided into “guardianship of the person,” “guardianship of the property” or both.
A conservatorship, however, falls under Florida Statute 747, and is used when a person is absent and cannot be located. The absentee ward needs the conservator to step in and make decisions on their behalf because they’re not present to do so on their own. This often applies to members of the Armed Forces, such as someone who has been declared missing in action. But it can also apply to any civilian who disappears and whose whereabouts are unknown – such as may happen when a person with mental illness disappears.
Both of these tools can be very important, depending on the specific situation. It’s important to understand all the legal steps that are necessary and what rights and responsibilities all parties have under this arrangement.