As family law attorneys, we provide legal counsel to many individuals who have taken on the role of guardianship and conservatorship. Frequently our clients express confusion over the two terms, which represent similar but ultimately distinct concepts: while a person can be both the guardian and conservator of a disabled adult, they do not have to be.

One of the most common misconceptions in family law is the belief that these two terms mean the same thing. According to the State Bar of Michigan, a conservator “takes care of an incapacitated adult’s property,” while a guardian has different powers and duties, including custody and supervision.

In short, it’s best to think of a conservator as a financial protector of a disabled adult.

Why Conservatorship is so Important

When a formerly competent adult becomes disabled or incapacitated, everyone’s lives around them change dramatically, especially those of their friends and family. Oftentimes, spouses or other family members become their caregivers, both informally and in a legal sense—as conservators and guardians. However, any person appointed by the court can assume this role.

While the rules are slightly different for an adult who became disabled prior to the age of 22, the expectations for conservatorship remain fairly straightforward across all cases. Of course, it’s still advisable to seek legal counsel from a reputable family law attorney with expertise in conservatorship and guardianship.

The Powers and Duties of a Conservator

Imagine living your life comfortably, earning an income and saving for retirement. Suddenly, you are in a disabling accident that leaves you with a traumatic brain injury, or you develop Alzheimer’s at middle age. You would hope that someone in your family would step up and intervene to ensure that no bad-faith actors try to swindle you out of your hard-earned money and property.

However, these protections are not guaranteed without a conservator. Vulnerable people with disabilities are regularly abused by caregivers due to their inability to advocate for themselves. An adult who became disabled quite suddenly after a lifetime of collecting assets, understandably, deserves the right to have those assets protected. This is why conservators play an invaluable role in helping their loved one remain in control of what is rightfully theirs.

If you are hoping to help a loved one by becoming their guardian or conservator, please seek legal counsel from our team at Striegle Law. We have experience in cases just like yours and understand how to navigate the Michigan court system, advocating in favor of disabled adults and their caregivers.