How is a conservatorship different than a guardianship?
A conservatorship and a guardianship are both legal terms used in Virginia to describe a legal relationship between an adult and a minor or an adult and an incapacitated adult. However, there are several key differences between the two that distinguishes them. A guardian is appointed by a court to be the legal representative for a minor or an incapacitated adult, and is responsible for managing their financial, legal, and healthcare decisions as well as providing general care. A conservator, on the other hand, is appointed by a court to manage the finances of an incapacitated adult. The conservator will typically be responsible for managing the person’s banking, investments, and other assets. Another difference between a guardian and a conservator is that while the guardian is typically appointed by a court for an incapacitated adult or a minor, a conservator is appointed solely for an incapacitated adult. The duties of a guardian also extend beyond just financial matters; they are responsible for making sure the person is provided for in all aspects, including food, clothing, and shelter. In most cases, a guardianship is the preferred legal arrangement in Virginia for adults or minors who need additional assistance due to incapacity. While a conservator has more limited duties, it is still important to have both guardianship and conservatorship arrangements in place for those who require additional, specialized care.
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