Conservatorship & Guardianship, The Difference Explained.
A common question that many people have is “What’s the difference between Conservatorship and Gaurdianship?” Today Mississippi Injury Law Blog answers that question and fully explains the difference.
What is a conservatorship?
A conservatorship is like a guardianship for an incompetent individual (adult or child). A conservator for the management of property of an individual may be appointed by the chancery court of the county of the residence of any person who by reason of advanced age, physical incapacity, or mental weakness is incapable of managing his own estate. Additionally, if the court deems it advisable, the conservator may have charge and custody of the person as well as the property.
In order for the court to make the determination of need for such an appointment, there shall be at least two (2) reputable physicians who state that the individual is not capable to managing his own affairs. The physicians must be authorized to practice medicine in this state and shall have had at least three years actual practice and made a personal physical and mental examination of the party.
What is a guardianship?
A guardianship is when a guardian is appointed over a minor child. The guardian can be a parent, or someone not even related to the child (as long as the parents are given notice and the Court rules in favor of the proposed non-relative guardian)
Guardianships can be established for numerous reasons. Some reasons include the following:
1-A child was injured in an accident and a lawsuit needs to be filed on behalf of the minor child. The courts require that a guardianship is opened in order to file suit and determine how any funds from the lawsuit should be handled.
2-A child is living with a grandparent and the grandparent needs to enroll the child in school. Many schools require that the grandparent become the child’s guardian in order to enroll him in the school.
3-A grandparent or other individual has been raising a child without assistance from either of the parents. The grandparent or other individual could seek guardianship over the child and ask for the court to award child support to be paid by the parents.
4-A child is living with an individual who is not the parent and wants to be able to get government assistance for the child. A guardianship would be needed in this case in order to have access to the public assistance for the child.
Teresa E. Harvey, Associate Attorney for CG Law Group, P.A.
CG Law Group, P. A., is an affiliated firm of Chhabra & Gibbs, P.A. that was formed by the founding members of Chhabra & Gibbs, P.A. to meet the growing needs of the firm’s clients without compromising the attorney’s abilities to focus on a particular area of law. Chhabra & Gibbs, P.A. is able to give top rate competent service to people who have been injured, while the affiliated CG Law Group, P.A. is able to meet the other legal needs of injured people like estate and chancery work, social security disability, and discrimination cases. Together, we strive to assure that our client’s rights are upheld and that their best interests are served.
If you or a loved one is in need of help with Social Security Disability, Discrimination, Estates, Gaurdianships, Conservatorships, or Domestic Matters, contact Teresa E. Harvey today by going to Chhabra & Gibbs, P.A. website or calling 601-948-8005 for a free consultation.