How Does a Conservatorship Differ from a Guardianship?

Many people come to The Brown Law Firm, LLC, confused between adult conservatorships and guardianships. We’d like to help explain the difference:

• Guardianship: Individuals appointed to protect an incapacitated person’s (also referred to as a “ward”) well-being and personal care
• Conservatorship: Individuals appointed to protect an incapacitated person’s (also referred to as a “protected person”) financial affairs and estate

Both of these classifications are court-appointed positions that are established if a person has not specified an agent under durable power of attorney to make medical, financial and personal decisions on his or her behalf in the event they become incapacitated. These roles may also be necessary if:

• There is conflict between individuals who have been named as decision-makers
• The person(s) making the decisions for the incapacitated person is not doing so in the person’s best interest
• No clear decisions can be made on behalf of the incapacitated person

The need for such appointments can often be avoided if there is a solid estate plan drawn up well before you become incapacitated that includes a will/trust and durable powers of attorney (medical and financial). To learn more about conservatorships and guardianships in Denver, contact The Brown Law Firm to arrange an appointment: (303) 339-3750 or visit our website.