Guardianship and Conservatorship

What Is the Difference Between a Guardianship and a Conservatorship?

While guardianships and conservatorships are similar, they have key differences. Both serve to protect and provide for a person who cannot provide for themselves. Additionally, both can be court-appointed or designated by a will.

The primary difference between the two is:

• A guardian makes personal and healthcare decisions on behalf of a protected person (the “ward”).

• A conservator makes financial decisions on behalf of the protected person or ward.

Guardians decide where the ward will live, what type of medical and/or health care they will receive, and what school they will attend. Conservators manage finances, pay bills, enter into contracts, and make investments.

Who Can Become a Legal Guardian or Conservator?

The court recognizes any “competent person or suitable institution” as eligible to become a guardian or conservator for an incapacitated or underaged individual. Although immediate family members are typically favored, the court can and will appoint any guardian or conservator who will “serve the best interest of the ward.” However, the guardian or conservator must be considered an “interested party,” meaning they have some interest in the ward’s physical, emotional, educational, mental, or financial well-being.

The ward, or the person receiving the guardian or conservator, is also allowed to express their wishes regarding the appointment and has the right to be heard by the court. In cases involving minors whose parents have died, the decedent’s last will and testament may designate a guardian. The court will determine whether the designated guardian is suitable and will serve the child’s best interests. Additionally, a recommendation from Child Protective Services (CPS) or Adult Protective Services (APS) can influence the appointment.

How to File a Petition for a Guardianship or Conservatorship

Applying to become a guardian or conservator on behalf of a child or incapacitated adult involves several steps. We strongly recommend reaching out to an experienced and qualified attorney, like those at Clinch Law Firm, LLC, for help with this process, as it is complex and fraught with potential errors. An attorney at our firm can help you avoid mistakes and handle all necessary steps.

The petition for guardianship or conservatorship can be filed with the local county court in your area. Along with this petition, you will need to prepare and submit various forms and documents to the court.

Some information that must be provided when petitioning for a guardianship in Nebraska includes:

• Credit reports

• Criminal history and background checks

• Affidavits of official Sex Offender Registry searches

• Abuse/neglect registry checks

These forms must be submitted within a certain timeframe, typically 10 days before the guardianship is granted. For more information, please contact our York guardianship attorneys at Clinch Law Firm, LLC.

What Are the Responsibilities of a Guardian or Conservator?

Generally, a guardian or conservator is responsible for the child or incapacitated individual’s personal and/or financial decisions, respectively. Specifically, they are responsible for filing an Order of Appointment and providing copies to all individuals who also received a copy of the original petition for guardianship/conservatorship. They must also submit an annual report.

The annual report must include the following information:

• The ward’s current overall health

• The ward’s living arrangements

• What medical, vocational, educational, or other services the ward received

• A summary of the guardian/conservator’s visits with the ward (if applicable)

• A statement regarding the current guardianship/conservatorship and whether it should be extended

• Compensation requested by the guardian/conservator for incurred expenses

If you wish to become a guardian or conservator, or if you have been recently appointed by the court to serve in this capacity, our attorneys at Clinch Law Firm, LLC can help ensure you remain in compliance with all state and federal laws regarding Orders of Appointment and annual reports. We can also assist you in understanding and meeting all duties and responsibilities to the ward as the appointed guardian or conservator.