The Differences between Guardianship and Conservatorship is given here. Both terms are related to the guardianship of one person by another, however, there are notable differences between the concepts of both.
It is a legal institution whose purpose is to protect a person and his or her parents, or only one of them, of whom, not being under parental authority, is unable to govern himself because he is a minor or is incapacitated somehow.
It depends on the legislation of each country, but it can go together with:
- Family Council: It is made up of the minor’s direct ascendants. In some functions, they are performed by a judicial defender or judge.
- Judicial defender: It is the one who, being independent of the person who acts as a guardian, monitors the obligations of this over the ward.
- Guardianship shared by two or more guardians: In this case, it may or may not be allowed by some laws. In this case, one person acts as a guardian of a person and another guardian the estate.
A guardian is a legal representative of the minor or the disabled person and exercises guardianship functions. The legal capacity offered to a guardian is granted to all persons of legal age.
It is a protection and guard system for the following people:
- The emancipated whose parents were disabled or have died, so they were prevented from exercising the assistance established by law.
- Those who obtained the benefit of coming of age.
- They were declared prodigal.
- Persons who are placed under this form of protection by a sentence of incapacitation.
Conservatorship is a system of protection for people. It is the legal institution created to protect a person and their assets. It is given by a curator, who intervenes in acts that minors cannot perform on their own.
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Differences between Guardianship and Conservatorship
- Guardianship is a legal institution in which a guardian is responsible for protecting and managing the assets of the award. Generally, the ward is a minor or incapacitated person.
- Conservatorship is a system of protection of people. It is an institution that protects minors or the emancipated or disabled people who require this protection to carry out activities.