People sometimes confuse guardians and conservators. While both are appointed by a court to manage the affairs of another person, their roles are different. A person for whom a guardian has been appointed is called a "person subject to guardianship" (formerly "ward"), and a person for whom a conservator has been appointed is called a "person subject to conservatorship" (formerly "protected person"). These court proceedings are permitted when a person becomes impaired or incapacitated to the point where that person is no longer able to make their own personal or financial decisions, and there are no other means to delegate those duties such as by a trust or power of attorney.
Guardianships and conservatorships are used to appoint persons to act as decision makers for persons subject to guardianship or conservatorship. The court must base this on clear and convincing evidence that the person has been found unable to make necessary decisions for himself or herself. Once the court makes a finding of impairment or incapacity, the person no longer has the right to manage their own affairs until proven capable.
The difference between a guardian and a conservator.
A guardian is appointed to care for a person's personal needs. A conservator is appointed to care for a person's financial needs. A person can be subject to both guardianship and conservatorship. The appointed guardian and conservator can be separate persons, or can be one person filling both roles. A person may be deemed a person subject to guardianship or conservatorship because they are a minor (under 18 years), or because they are an impaired or incapacitated adult.
In Minnesota, a guardian is granted the duties of personal care, custody and control of the person. This includes deciding where the person will live, and taking care of the person's educational, nutritional, security, and medical needs. The guardian has the power to give consent for the person to receive medical or professional care. The guardian must file with the court a report of the person's personal well-being, at least annually or whenever ordered by the court. The guardianship terminates upon the death of the person subject to guardianship or on order of the court.
A court-appointed conservator is responsible for the person's financial needs, such as paying bills, taxes, and other debts; managing investments, and filing detailed annual accountings of the person's assets. A conservator's duties terminate on the death of the person subject to conservatorship, or by order of the court.
Nominating a guardian and conservator.
Guardians and conservators for minor children and disabled dependents are often nominated in a person's Will. Other times, an interested person can petition the court for appointment if the need arises. Selecting someone to nominate as guardian and/or conservator is an important decision and requires careful thought. A qualified estate planning attorney can help guide you in that process.