Conservatorship concerns the care and control of a minor’s personal decision-making including health care. Conservatorship is usually established in a suit affecting the parent-child relationship (a “SAPCR”) filed in family court. Pyke & Associates does not handle conservatorship or SAPCR’s.
Guardianship can be similar. A Guardian of the Person has rights like a conservator. But, a conservator never is authorized to handle a child’s money. Only a Guardian of the Estate can handle a child’s money. Even a parent has no legal authority over their own child’s money.
So, if the issue is visitation with a child or health care decisions, and one or both parents of the child is living, a SAPCR is appropriate and a guardianship is not. If the child has money in its own name (inheritance, life insurance, etc.), then a guardianship is necessary. Also, a guardianship is usually necessary if both parents have died.
If you are unclear, contact our office to determine whether a guardianship is the appropriate procedure for your situation.