How is a conservatorship different than a guardianship?

In North Carolina, a guardianship and a conservatorship are two separate legal proceedings that can be used to help care for a minor or a legally incapacitated adult. A guardianship is a court-approved legal relationship between a minor or a legally incapacitated adult, known as the ward, and a guardian. The guardian is responsible for making decisions about the ward’s health, education, and general welfare, as well as handling their financial affairs. The guardian is appointed by the court and is usually a family member. A conservatorship is a court-approved legal relationship between the same two parties as a guardianship, the ward and the conservator. The conservator’s responsibility, however, is more focused on managing the ward’s financial affairs, such as managing investments, opening and closing bank accounts, and paying bills. Unlike a guardian, a conservator is usually an independent professional, such as a lawyer or accountant, who is responsible for managing the ward’s finances. In North Carolina, a guardianship and a conservatorship are two distinct proceedings, and usually, both are required for an effective plan for a minor or legally incapacitated adult. Both proceedings should be overseen by the court and require regular reporting from the guardian and the conservator to ensure the ward’s safety and best interests.

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