What is the difference between a guardianship and a conservatorship?

The difference between a guardianship and a conservatorship in West Virginia is important for understanding family law. A guardianship is similar to a parent-child relationship and is set up in order to protect the wellbeing of a child. A court orders guardianships when a parent is unable to care for a child, like if there is a medical condition that requires care, or if a child is born out of wedlock, or if a parent has died. The guardian is responsible for the wellbeing of the child, and they make decisions regarding the child’s education, health, and safety. A conservatorship is a legal arrangement that is set up to protect an adult who may not be capable of managing their finances, property, or health due to mental or physical incapacity. A conservator is appointed by the court to handle the financial and other affairs of the adult. The conservator has the legal obligation to manage the assets of the adult and to use them for their benefit. They also have the responsibility to make decisions about the adult’s healthcare, living arrangements, and other matters related to daily life. A conservator is supervised by the court and must follow the court’s instructions. The court ensures that the conservator is doing the best they can to serve the adult’s interests.

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