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Judy Enders

Conservatorships vs. Guardianships: What's the Difference Today?

Updated: Oct 15

Imagine if someone can’t manage their own money because of an illness or disability. A conservatorship is like appointing a financial manager to take care of their finances. It’s mostly about handling money, paying bills, and making sure the person’s assets are safe.


Now, guardianships are a bit broader. Think of it as having a personal assistant for life decisions. This person might make choices about where you live, your healthcare, and your overall well-being, not just your money.


Why Are They Different Today?


More Protection for Individual Rights

In the past, it might have been easier to put someone under a conservatorship or guardianship without much say from them. Nowadays, there's a big push to ensure people’s rights are protected. Courts require solid evidence and clear reasons before approving these arrangements.


Better Oversight and Accountability

There’s also a lot more oversight now. The courts keep a close eye on what conservators and guardians are doing, with regular check-ins and reports to make sure they’re acting in the best interest of the person they’re helping. This helps prevent any misuse of power or resources.


Focus on Less Restrictive Alternatives

Instead of jumping straight to a conservatorship or guardianship, courts are now considering less restrictive options first. For example, supported decision-making allows individuals to make their own choices with a bit of help from a trusted network, rather than having someone else make decisions for them.


Impact of High-Profile Cases

High-profile cases like Britney Spears’ conservatorship have shone a spotlight on these issues. They have raised public awareness about the potential for abuse and spurred advocacy for change, leading to reforms and stricter regulations.


Technological Advances

Technology has made it easier to monitor conservators' and guardians' actions. Tools for better communication and reporting and plenty of online resources help people understand their rights and options.


In short, conservatorships and guardianships today are more focused on protecting individuals’ rights, ensuring accountability, and exploring less restrictive ways to provide help. This means people have more say in their lives, and stronger safeguards are in place to prevent abuse.

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