Do You Know The Difference Between A Conservatorship And A Guardianship?
Many people use the terms conservator and guardian interchangeably, but in Texas, there are real, vital differences. The primary difference between a guardian and a conservator is the scope of the authority granted to a guardian vs. a conservator.
At Griffin & Cain, Attorney at Law, PC, we are attorneys working to help our clients understand their probate and estate problems and solve them before they get out of hand. People in Conroe, and across the Houston-Woodlands-Sugar Land metropolitan area rely on our attentive service standards. We do what we can to put you in the driver’s seat for your legal issues, and that’s especially important in high-stakes issues like conservatorships and guardianships. The first step here is information, so let’s look at them a little more closely.
What Is A Conservatorship?
A conservatorship is a legal relationship where one person takes on the financial affairs of someone else. It takes a court order to create these relationships, and those orders are generally for those who cannot handle their own affairs. However, conservatorships are often for those who are found to be mentally competent but cannot take care of their financial affairs for some reason.
What Is A Guardianship?
A Guardianship is a legal relationship where the court appoints someone to make decisions for someone else. Guardians have broad power over their ward – the individual in their care – and guardianship can be either or both of these:
- Guardian of the person: Able to make decisions about medical care, housing and other personal issues of an individual.
- Guardian of the estate: Able to make decisions about the finances of an individual
While guardian of the estate and conservatorship seem similar on their surface, in practice, they’re used for very different populations. Someone is usually only put into guardianship when they do not have the mental capacity to make decisions for themselves.
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From the start, John approached my case with compassion, integrity, and a deep understanding of how high the stakes were for my family. He listened closely, advised me wisely, and fought with heart and determination to ensure that our side of the story was heard. He treated me not just as a client, but as someone whose voice and lived experience mattered deeply.
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Though the final decision was not what we had prayed for, I will always be thankful for the dignity, support, and relentless effort John and his firm gave to our family. I would recommend him wholeheartedly to anyone seeking strong, ethical, and empathetic representation.
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Rhonda Brown
Texas
What stood out the most was his ability to resolve my legal matters in a way that allowed me to continue living my life stress-free. Knowing he had everything under control gave me such peace of mind. He was always available to answer my questions and made me feel like a priority every step of the way.
If you’re looking for a reliable, communicative, & skilled attorney, I wholeheartedly recommend John Herbig! He made a difficult situation so much easier to navigate, and I’m truly grateful for his work. Thank you John!
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