Skip to main content

Is conservator same thing as guardian under MA elder law?

I'm completely confused about what a guardian is verses a conservator under MA elder law. I also read the term guardian of the property on the Internet and in one of your other postings. What is the difference between all these terms? Thanks.

Editor's Response

Under the new Massachusetts Uniform Probate Code (the "Code," which a I believe will be found in Massachusetts General laws Chapter 190B), a conservator and a guardian are now considered two separate things, typically two separate appointments with very different duties. 
 
The Code defines a conservator as "a person who is appointed by a court to manage the estate of a protected person."  In other words, this person takes care of a person's property, business affairs, and finances. Under the Code, a conservator may be appointed if "the person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance, or because the individual is detained or otherwise unable to return to the United States;  and the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person or those entitled to the person’s support and that protection is necessary or desirable to obtain or provide money”.
 
A guardian, on the other hand, is defined in the code as a "person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment[.]"  Under the Code a guardian may be appointed to take care of the 'person', not her property.  The Code allows for guardians to be appointed for a person "who for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance”
 
Hope that clears it up a bit.

Talk to a Lawyer Today
Find an Elder Attorney in your County
Most offer FREE Consultations