Difference Between a Conservator and Fiduciary

A court-appointed conservator of an estate is a person named to handle the financial affairs for an incapacitated adult or minor child. This includes activities such as: 

  • Paying monthly bills
  • Managing investments 
  • Purchasing and selling large ticket items like a car, home or rental property
  • Filing tax returns and other financial forms

A conservator is not responsible for caring for the individual on a personal level by handling guardianship duties such as making healthcare, educational or social engagement decisions. 

In contrast a fiduciary is a person or group of individuals who can be court appointed or named in advance in a will, trust or power of attorney) to handle all of these duties – and more – under one umbrella. A fiduciary may be called upon to provide: 

  • Probate administration
  • Financial affair management
  • Personal care coordination
  • Help with daily activities
  • Health and well-being support
  • Power of attorney for financial and advanced health care directives
  • Estate settlement
  • Guardianship for minor children 
  • And more

For obvious reasons, the person or persons named as fiduciaries must be honorable and highly trustworthy. The Colorado estate planning lawyers at Brown & Crona, LLC can draft documents to name your fiduciaries or advise fiduciaries who are currently serving. If you are interested in having estate planning documents prepared to name a fiduciary or are currently serving as a fiduciary and need guidance, please contact us today to request an appointment: (303) 339-3750 or visit our website


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