GUARDIANSHIPS vs CONSERVATORSHIPS | Probate Attorney Karl D. Shehu
Guardianships and conservatorships are methods of administering the affairs of “protected persons." The Probate Court has the right to determine the title, right to use, and right to possess any real property or personal property belonging to a minor in a guardianship or an adult in a conservatorship.
Guardianships and conservatorships are similar in many ways; however, there are some important differences.
In the case of a minor child, a guardian of the person is appointed in the absence of a parent. A guardian of the person is charged with the obligation of caring for and controlling the child, making major decisions regarding the child’s welfare including medical treatment, and making funeral arrangements upon the death of the minor.
The Probate Court may also appoint a guardian of the person for an individual with intellectual disabilities. In most cases, this type of guardianship is an extension of parental rights beyond the age of majority. The intellectual disability must be severe, such that the person is totally unable to meet essential requirements for his physical health or safety.
In Connecticut, the second type of guardian—a guardian of the estate—is necessary if a minor owns property in excess of $10,000. This type of guardian handles the financial aspects of a minor’s life. A guardian of the estate must be appointed even if the child’s parents are living and have custody of the minor. Since 2018, a guardian of the person for a individual with intellectual disabilities may seek permission from the Probate Court to manage the disabled person’s finances. The individual with an intellectual disability must have less than $10,000, and the guardian’s authority to manage that person’s finances would terminate as soon as the individual has more than $10,000. This monetary limit is one reason that guardianships are not customary for adults.
A conservatorship is the typical vehicle for managing the needs and property for an adult in Connecticut. When a conservator of the person is appointed, the Probate Court affords the conserved person the greatest amount of independence and self-determination, and it provides the conservator with the least restrictive means of intervention in specific, limited areas of the conserved person’s life. A conservator of the estate is tasked with managing the finances and property of the conserved person.
Guardianships and conservatorships are legal structures for providing for those who cannot adequately provide for themselves. Generally, a guardianship is used for minors, and a conservatorship is for adults.
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Attorney Karl D. Shehu has a law practice that has included transactional law and litigation. He has closed a real estate deal in every town in Connecticut. Attorney Shehu has been a fierce advocate for consumers, immigrants, and the seriously injured. Following the death of his grandfather, Attorney Shehu has used his vast legal experience to devise The Shehu Approach to estate planning. He drafts estate, wealth, and legacy plans for individuals and families throughout the state, particularly young families, physicians, and people of faith.
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