When a loved one can no longer care for themselves or manage their own finances, the court may step in to appoint someone to act in their best interest. This often involves assigning a guardian, a conservator, or in some cases, both. If you want to help out a close family member or friend, you may be wondering whether you can serve as both guardian and conservator. The answer is yes, but there are some important distinctions, legal obligations, and logistical responsibilities to understand first.
What Is a Guardian?
A guardian is a person appointed by the court to make decisions for someone who is legally incapacitated. This individual may be a minor, an elderly adult, or someone with physical or mental disabilities that prevent them from making safe or informed decisions on their own.
A guardian’s responsibility is to act in the protected person’s best interest, prioritizing safety, health, and dignity. The guardianship generally covers:
- Living arrangements (e.g., nursing home, assisted living, staying at home)
- Medical care decisions
- Daily well-being
- Education and social services
- Sometimes, travel and visitation approvals
- They can also have several powers related to finances depending on the state.
What Is a Conservator?
A conservator (sometimes called a financial guardian) is appointed to manage the financial affairs of a person who can no longer do so themselves.
This includes:
- Paying bills
- Managing investments and bank accounts
- Collecting income or benefits (e.g., Social Security, pensions)
- Filing taxes
- Maintaining property or real estate
- Preparing regular financial reports for the court
Like a guardian, a conservator must also act solely in the protected person’s best financial interest, with transparency and accountability.
The Real Difference Between Guardian and Conservator
While guardians and conservators are both appointed to help individuals who cannot fully care for themselves, the roles are legally and functionally distinct on the powers the court grants. A guardian can be responsible for making decisions related to the personal and medical care of the individual.
On the other hand, a conservator manages the financial affairs of the protected person. While a guardian makes decisions about how the person lives, a conservator ensures the financial resources are in place to support that life.
In some cases, the roles may overlap, especially when financial decisions impact personal care, but they remain legally separate. Courts often require different qualifications and reporting procedures for each, and they may issue separate appointments and bonds to ensure accountability in both areas.
Can One Person Serve as Both Guardian and Conservator?
Yes, one individual can legally serve as both a guardian and a conservator, and it’s quite common in many states.
Courts often appoint the same person to both roles when:
- The individual is closely related to the protected person (such as a parent, adult child, or spouse)
- The protected person needs are best met with consistent oversight
- The proposed guardian/conservator is capable and willing to take on both responsibilities
However, even if one person serves both roles, each position can be treated as a separate appointment. That means you’ll likely need to file separate petitions, attend different hearings, and obtain separate surety bonds.
Why Two Bonds May Be Required
Because guardians and conservators have different powers and obligations, many courts require separate guardianship bonds and conservatorship bonds. These bonds serve as a financial guarantee that you will perform specific duties faithfully and without mismanagement.
- A guardianship bond ensures the guardian won’t abuse their authority or cause harm to the protected person
- A conservatorship bond ensures the proper handling and protection of the protected person’s finances and assets
Even if you are serving in both roles, the court may assign different bond amounts based on the type and value of the assets being managed, and whether your personal responsibilities involve high-risk or high-liability care decisions.
Tips for Managing Both Roles Successfully
Taking on both roles means you’ll be wearing two hats and that comes with increased responsibility. Make sure that you:
Keep Records Separate
Maintain two sets of records—one for personal care (guardian) and one for financial transactions (conservator). This helps ensure clear reporting to the court and avoids confusion.
Use Dedicated Bank Accounts
Open dedicated fiduciary bank accounts in the protected person’s name (not your own). This maintains transparency and protects both parties legally.
Track Spending and Decisions
Document all expenses, medical decisions, and significant actions. Courts often require annual reports or reviews, and having detailed records simplifies this process.
Consult Professionals When Needed
Don’t be afraid to ask for help from attorneys, financial planners, or medical professionals. Your job is to act in the protected person’s best interest, not to know everything.
Stay Current on Court Requirements
Check in with your probate court or legal advisor to ensure you’re meeting deadlines, bond renewals, and reporting expectations.
Some Things to Remember
- Some states have slightly different terminology. For example, in some jurisdictions, “conservator” may be used for both personal and financial oversight. Be sure to understand your state’s definitions.
- If you’re unsure whether two separate appointments or bonds are needed, consult your attorney or the court clerk. They can clarify what your jurisdiction requires.
- If you’re acting in a limited capacity (e.g., limited guardianship or temporary conservatorship), bond requirements may differ.
Get a Guardianship or Conservatorship Bond Today
At the Patrick J. Thomas Agency, we specialize in court, probate, and fiduciary bonds. We’ve helped countless clients secure the right bond for their role, whether they’re a family member stepping in or a court-appointed professional.
We make the bonding process simple, accurate, and compliant, so you can focus on what matters most: the care and protection of the person you serve. If you need a surety bond or for either (or both) of these roles, get in touch with us today.