You can legally protect your loved one’s interests in two ways: conservatorship and guardianship. Although these two aim to secure vulnerable people, it is common for people to mix up these terms often. However, they do have different purposes and responsibilities. Understanding the key differences between these concepts helps you make informed decisions about managing a loved one’s care and affairs.
What does a conservator do?
A conservator is someone the court chooses to handle money matters for a person who cannot do it themselves. The Michigan Estates and Protected Individuals Code (EPIC) establishes this role and as a conservator, you will:
- Manage the person’s assets
- Pay bills and taxes
- Invest funds
- Make financial decisions that help the person
The court might pick you as a conservator for adults who can’t manage money due to mental or physical issues or for minors who get large sums of money.
How does guardianship differ from conservatorship?
While focusing on financial matters in a conservatorship, you handle personal and medical decisions in a guardianship. According to Michigan law, you make decisions about:
- Living arrangements
- Medical care
- Education (for minors)
- Daily care and well-being
The court appoints someone as a guardian for minors without parents or adults who cannot make their own decisions. You must ensure that you meet your ward’s physical and emotional needs.
Do I need to seek legal guidance for conservatorship and guardianship?
It is not easy to set up a conservatorship or guardianship. You must deal with court petitions, hearings, and ongoing duties. Each case is different, so you must consider the specific needs of the person you want to protect. An attorney who knows Michigan’s probate laws can help you. They can tell you which arrangement might work best for your situation. They will also explain the legal steps and guide you through the court process. This ensures you protect your loved one’s rights and interests properly.
