Loune-Djenia Askew, Esq.
Aug 30, 2024
When it comes to managing the affairs of someone who is unable to do so themselves, two legal tools often come into play: guardianship and conservatorship. While both serve to protect vulnerable individuals, they have distinct differences in Florida.
When it comes to managing the affairs of someone who is unable to do so themselves, two legal tools often come into play: guardianship and conservatorship. While both serve to protect vulnerable individuals, they have distinct differences in Florida.
What is Guardianship?
In Florida, guardianship is a legal process where the court appoints a guardian to make personal and sometimes financial decisions for someone who cannot make those decisions on their own. This person, known as the "ward,"Â might be a minor, an elderly individual, or someone with a mental or physical disability.
Types of Guardianship:
Guardian of the Person: Manages the ward's personal and healthcare decisions.
Guardian of the Property: Handles the ward's financial affairs, such as paying bills or managing investments.
Plenary Guardian: Has full authority over both the personal and financial aspects of the ward's life.
What is Conservatorship?
Conservatorship is similar to guardianship but specifically focuses on managing the financial affairs of someone who is unable to do so themselves. In Florida, conservatorships are less common and typically apply when the individual is temporarily unable to handle their finances, such as when they are out of the country or incapacitated. A conservator is appointed by the court to manage the conservatee's assets. Unlike a guardian, a conservator usually does not have authority over personal decisions, only financial ones.
Key Differences
1. Scope of Authority:Â A guardian may have authority over both personal and financial matters, while a conservator is limited to financial responsibilities.
2. Common Usage:Â Guardianship is more commonly used in Florida for individuals who need comprehensive care. Conservatorship is typically used for financial management only.
3. Appointment:Â Both guardians and conservators are appointed by the court, but the circumstances under which each is appointed can differ.
Understanding the difference between guardianship and conservatorship in Florida is crucial when planning for the care of a loved one or yourself. Consulting with a legal professional can help determine which option is best suited to your situation.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.