Understanding Guardianship and Conservatorship

What’s the difference between guardianship and conservatorship? Many people use the words “guardianship” and “conservatorship” interchangeably, but there are important differences between the two terms.Guardianship and conservatorship both involve court-appointed roles to support incapacitated individuals, but their scope and authority differ.

Guardianship

Guardianship focuses on personal care. A guardian is responsible for ensuring that the individual, referred to as the “person subject to guardianship,” receives adequate care, housing, medical treatment, food, and clothing.

Conservatorship

Conservatorship centers on financial management. A conservator oversees the “person subject to conservatorship’s” estate, managing assets, paying bills, and handling investments.

In some situations, both a guardian and a conservator may be required. Those roles may be held by the same individual or different people.

Responsibilities of a Guardian

Under Minnesota Statutes § 524.5-313, a guardian’s duties include:

• Deciding the person’s place of residence.
• Providing for personal needs such as healthcare, nutrition, and safety.
• Taking care of personal belongings, including clothing and furniture.
• Granting or withholding consent for medical treatments or other professional services.
• Representing the individual in civil matters, provided no conservator has been appointed.
• Applying for benefits or services on behalf of the person.

Responsibilities of a Conservator

According to Minnesota Statutes § 524.5-417, a conservator’s powers focus on financial matters, such as:

• Managing the estate, including real and personal property.
• Paying bills and handling financial obligations.
• Filing tax returns.
• Engaging in estate planning and making investments.
• Applying for government assistance programs.

In estates valued at more than $10,000, the conservator may be required to purchase a surety bond, a type of insurance designed to safeguard the protected person’s financial security.

Differences in Court Procedures and Oversight

The process for appointing a guardian or conservator involves filing a petition under Minnesota Statutes § 524.5-303 or § 524.5-403. A court hearing will determine if the individual lacks capacity and whether the proposed role is the least restrictive option to meet their needs. The court limits the appointee’s authority to only what is necessary to protect the individual’s best interests.

Guardians and conservators must act within the scope defined by the court order. For major decisions, such as selling real estate or changing residence, additional court approval may be required.

When Is Guardianship or Conservatorship Needed?

The necessity for either or both depends on the individual’s specific circumstances:

• A guardianship is appropriate when the individual cannot make decisions about their personal care or safety.
• A conservatorship is suitable if the individual cannot manage their finances but is otherwise capable of making personal decisions.

During the guardianship or conservatorship hearing, the court will consider evidence such as witness testimony and written professional assessment of the individual’s ability to manage their own affairs.

Minnesota’s Commitment to Least Restrictive Measures

Before appointing a guardian or conservator, Minnesota courts consider less restrictive alternatives, such as:

• Health care directives
• Powers of attorney
• Community or residential services

These options help ensure that the individual’s liberty and autonomy are preserved to the greatest extent possible. In the case of a guardianship, a neutral court visitor may be appointed to help the individual understand the guardianship process and their rights within it, including the right to a lawyer. The court visitor does not represent or advocate for the individual.

Key Takeaways

Understanding the difference between a guardianship and conservatorship in Minnesota is crucial when planning for a loved one’s care. A guardian ensures their personal well-being, while a conservator manages financial matters. Both roles involve significant responsibilities and are subject to court oversight to protect the individual’s rights.

To learn more about the difference between conservatorship and guardianship, or for assistance with navigating Minnesota’s guardianship and conservatorship laws, consult an experienced attorney who can guide you through the process and help determine the best course of action for your situation.

Contact an Experienced Minnesota Conservator Attorney

Guardianship and conservatorship attorney Dave Burns handles conservatorship matters in the Twin Cities Metro Area. To learn more about how I can help, I welcome you to contact me at (612) 677-8351 or by emailing dave@daveburnslaw.com.