The recent news about the conservatorship of Britney Spears has brought the topic of conservatorship to the minds of many Americans. A common question is: What\u2019s the difference between guardianship and conservatorship?<\/p>\n\n\n\n
In general, both guardianship and conservatorship, allow one person (the guardian or conservator) to make decisions for another person (often called the \u201cward\u2019)<\/strong>. Guardianships, and conservatorships, are matters of state law. So, the definition of \u201cguardianship\u201d and \u201cconservatorship\u201d vary, depending on your state.<\/p>\n\n\n\n In California, where Britney Spears\u2019 conservatorship was granted, a conservatorship may only be granted if the ward is an adult, or if the ward is a married or divorced minor. In California, guardianship may only be granted if the ward is a minor who has never been married (though a statute allows a court to extend guardianship until age 21 if the ward needs a guardian for immigration purposes.) <\/p>\n\n\n\n To read the California law on guardianship and conservatorship<\/strong>, click\u00a0here<\/a>.<\/p>\n\n\n\n In Oklahoma (where I practice), guardianship may be granted if the ward is a minor, or if the ward is an incapacitated adult. In Oklahoma, a conservatorship may be given if the ward is physically incapacitated but not mentally incapacitated.<\/p>\n\n\n\n To read the Oklahoma law on guardianship and conservatorship<\/strong>, click\u00a0here<\/a>.<\/p>\n\n\n\n In states that have adopted the Uniform Probate Code (UPC), a guardian has the power to manage the \u201cperson\u201d of a minor or incapacitated person. A conservator has the power to manage the property of a protected person. Thus, in UPC states, a guardian may make personal decisions for the ward, such as choosing where the ward lives, and what medical care the ward will receive. A conservator may manage bank accounts, and transact business relating to the ward\u2019s property. As of June 2022, eighteen U.S. states and the U.S. Virgin Islands have adopted the UPC.<\/p>\n\n\n\n To read the UPC, click he<\/a>r<\/a>e<\/a>. To see which jurisdictions have adopted the UPC, click here<\/a>.<\/p>\n\n\n\n In many states, statutes allow judges to craft guardianship or conservatorship orders specific to each case<\/strong>. Thus, the power that a guardian or conservator has in one case, may vary from the power that a guardian or conservator has in another case, depending on the facts of each case. <\/p>\n\n\n\n The U.S. Supreme Court has\u00a0held<\/a>\u00a0that, because of the due process clause in the Constitution, the court must give a proposed ward notice, and an opportunity to object, before the court may appoint a guardian or conservator. Because the U.S. Supreme Court<\/a> made this decision, every state must require that the ward be given notice and an opportunity to object, before the court appoints a guardian or conservator. Many states also require the proposed guardian or conservator to notify other persons, such as family members and government agencies assisting the ward, before the court appoints a guardian or conservator. Some states provide that, in an emergency, the court may appoint a guardian without notice, and then set a review hearing after proper notice has been given.<\/p>\n\n\n\n Although a state must allow the proposed ward an opportunity to object, a court may often still grant guardianship or conservatorship even if the proposed ward objects. However, in Oklahoma, where a conservator may be appointed only for a person who is physically but not mentally incapacitated, the proposed ward must consent before the court appoints a conservator.<\/p>\n\n\n\nCalifornia Law On Guardianship And Conservatorship<\/strong><\/h3>\n\n\n\n
Oklahoma Law On Guardianship And Conservatorship<\/strong><\/h3>\n\n\n\n
Uniform Probate Code (UPC)<\/h3>\n\n\n\n
U.S. Supreme Court Decision<\/strong><\/h3>\n\n\n\n