What are guardians and conservators?

What are guardians and conservators? Minnesota's courts and Attorney General Lori Swanson have attempted to explain the roles of guardians and conservators and the limits on using them:

What is the difference between the two positions?

"A guardian is appointed by the court to make the personal decisions for the protected person (Ward.) The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc. A conservator is appointed to make financial decisions for the protected person (Conservatee.) The conservator typically has the power to enter into contracts, pay bills, invest assets and perform other financial functions for the protected person." -- Minnesota Judicial Branch

What power do they have over an individual's life?

Their powers are broad but not absolute. "A guardian or conservator may only use their authority as necessary to provide care and services for the ward or protected person. The court should ensure that decisions of a guardian or conservator will not be overly restrictive of the ward's or protected person's rights." -- Office of Attorney General Lori Swanson

What limits are placed on their role?

"Guardianship or conservatorship should not be required or used simply because a person makes a decision that other people do not understand or agree with, or because the person has a certain disability or diagnosis. The court and the guardian or conservator must try to strike a balance between helping adults to decide for themselves, and restricting some of the areas where they are in need of decision making assistance." -- Minnesota Judicial Branch

To learn more: More information about guardians and conservators can be found at www.mncourts.gov/selfhelp/?page=1207 and www.ag.state.mn.us/Consumer/Seniors/Probate/Probate_2.asp#Conservatorship.

The Minnesota Association for Guardianship and Conservatorship, a trade group, also has a "Bill of Rights for Wards and Protected Persons" at www.minnesotaguard ianship.org.