Rock Island Guardianship & Conservatorship Attorney

Understanding the Difference Between Guardianships and Conservatorships

The terminology surrounding guardianships and conservatorships can sometimes get confusing, especially as the precise language can sometimes differ from state to state. The person who is the subject of the guardianship or conservatorship – a minor child or an incapacitated adult – is either known as the “protected person” or “the ward.”

A guardian is in charge of the protected person’s well-being. This means they oversee personal affairs, including where the protected person lives, their access to necessities, and the medical care they receive.

A conservator manages the protected person’s financial affairs. They will take legal possession of the protected person’s assets and must keep records of how they handle them. A conservatorship is also sometimes called a “guardianship of the estate.” 

A protected person may not necessarily need both a guardianship and a conservatorship. They may only need one or the other. If they do require both, the guardian and the conservator do not necessarily need to be the same person.

When Does Someone Need a Guardianship or Conservatorship?

You may be wondering if seeking a guardianship or conservatorship is necessary, especially if your loved one seems capable of making some decisions on their own. The court will heavily scrutinize requests for a guardianship or conservatorship, so it is important to understand when these arrangements become necessary under the law.

A minor child needs a guardianship or conservatorship if:

• Both of their parents are deceased, or
• Both parents cannot be found, or
• Both of their parents are unfit

In other words, a minor child always needs at least one “fit” parent. A parent may be considered unfit if they are abusive or unable to adequately care for the child. In situations where both parents pass away, they may request a guardian to care for their child in their will. Illinois and Iowa courts tend to honor these requests.

An adult may need a guardianship or conservatorship if:

• They become disabled due to an injury or illness
• They develop a severe substance abuse problem that prevents them from caring for themselves
• They experience significant mental decline as they grow older
• They no longer wish to make their own decisions

You should get legal advice before attempting to establish a guardianship or conservatorship. These arrangements are not always preferable, and alternatives may be available. Our Rock Island guardianship and conservatorship attorney can evaluate your situation and provide tailored guidance.