Guardianship/Conservatorship

Guardians and Conservators are appointed by the court to manage the affairs of incapacitated adults, advocate in their best interest, and ensure their safety and well-being. If an individual has no family or friends available to assume this responsibility, Lutheran Social Service (LSS) may be appointed guardian and/or conservator to see that the individual's needs are met.

What is the difference between a guardian and a conservator?

A guardian is appointed for an incapacitated person (ward) to ensure that all aspects of daily living are being provided including food, shelter, clothing, health care and recreation. A conservator is appointed to manage and preserve the assets of an incapacitated person (protected person).

What responsibilities are included in a guardianship/conservatorship?

• Responsibilities of a guardian of the person may include:
• Establish place of residence
• Determine and provide for care needs (for example: food, health care, social & recreational requirements, rehabilitation)
• Care of personal effects and disposal of them as needed
• Consent for necessary medical or other professional care
• Approve or withhold approval of contracts (if there is no conservator of the estate)

Responsibilities of conservator of the estate may include:

• Pay reasonable charges for support of the client
• Pay debts
• Possess and manage the estate, collect debts and claims due the client, and invest funds