What is the difference between a guardianship and a conservatorship?

A guardianship and a conservatorship are both legal processes used in Virginia to manage the affairs of individuals with disabilities who are unable to do so themselves. However, there are significant differences between the two. A guardianship is a court order designating a responsible adult to make decisions on behalf of an individual who is not legally capable of making those decisions for themselves. The guardian is typically responsible for decisions related to the individual’s physical care, such as where they will live, medical or psychiatric care they may receive, and activities they may participate in. A conservatorship is a court order granting the legal authority to manage the financial affairs of an individual who is not able to do so themselves. The conservator makes decisions related to the management of the individual’s finances, such as paying bills, filing taxes, and managing investments. The conservatorship can also be used to protect the individual’s assets and property. The main difference between a guardianship and a conservatorship in Virginia is the scope of the decision-making authority of the responsible adult. With a guardianship, the guardian is responsible for decisions related to the individual’s physical care and well-being, while the conservator is responsible for decisions related to financial management. Although both processes can be used to ensure the safety and security of an individual with a disability, Virginia law requires that the process and scope of authority granted be tailored to the individual’s specific needs.

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What is the difference between a guardianship and a conservatorship?

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