Q & A Guardians, Conservators, And Trustees.
Are guardians and conservators the same?
No. Guardians are appointed for minors. Conservators are appointed for adults who lack capacity. The roles serve different populations and functions.
Does a family relationship automatically grant guardianship or conservatorship?
No. Appointment requires court approval and ongoing supervision, regardless of the relationship.
Is conservatorship permanent?
Not necessarily. Conservatorships may be temporary or ongoing, depending on circumstances and court findings.
Does a conservator control everything?
Not automatically. Authority is defined by court order and may be limited to personal decisions, financial matters, or both.
How is incapacity determined?
Through evidence, evaluations, and court findings. It is not assumed or informal.
What is a trustee’s role compared to a conservator’s?
A trustee manages trust assets in accordance with the trust document. A conservator manages affairs under court supervision when capacity is impaired.
Does probate appoint trustees?
No. Trust documents appoint trustees. Courts may intervene if disputes or breaches arise.
Can a trustee be removed?
Yes. Trustees may be removed for cause, including breach of fiduciary duty, subject to legal process.
How do these roles interact with probate?
They often overlap. Probate may find a trust. A conservator may represent an incapacitated heir. A guardian may protect a minor beneficiary’s interest.
Who supervises guardians and conservators?
The court. Reports, accountings, and approvals are required.
Does the court supervise trustees?
Not routinely, but they are subject to fiduciary law and court review if challenged.
Can one person serve in multiple roles?
Sometimes, but authority does not merge automatically. Each role carries separate duties and oversight.
Why do families sometimes resist these roles?
Because they involve formal oversight, however, oversight exists to protect, not to punish.
What risks arise if protection is delayed?
Financial loss, exploitation, and legal exposure often increase when capacity or age issues are ignored.
How does the law balance protection and autonomy?
By tailoring authority narrowly and requiring accountability. The goal is safety without unnecessary restrictions.
Readers often review this page alongside the Heirs and Beneficiaries and Personal Representative pages to understand how entitlement, protection, and authority coexist within probate.