Guardianship, Conservatorship and the Law

In general, guardianship is defined as a legal relationship between a capable adult-known as a "guardian"-and a "ward"-i.e., an individual who, by reason of infancy or legal disability, is unable to care for his or her own personal needs and/or manage his or her financial resources. State laws vary in their terminology. In some states, the person who manages the personal needs of the ward is known as a "guardian" whereas the person responsible for managing the ward's financial resources is known as a "conservator." In other states, the term "guardian" refers to the individual responsible for managing the needs and finances of a minor ward, and the term "conservator" refers to the individual responsible for managing the needs and finances of an adult ward.

Regardless of the terminology used, guardianships and conservatorships are established to protect a vulnerable person from abuse, neglect and exploitation, and to provide for their personal care and management of their property.

This Guardianship, Conservatorship and the Law discusses the appointment of a guardian and a conservator, and their respective duties.The manner in which a court determines incapacity and termination of a guardianship or conservatorship is also examined. This almanac includes coverage of alternatives to guardianship, including advance directives, trust funds, Social Security representative payees, and adult protective services.

The Appendix provides applicable statutes, resource directories, and other pertinent information and data. The Glossary contains definitions of many of the terms used throughout the almanac.