Guardianship vs. Conservatorship: What’s the Difference?

You might’ve heard two terms before: guardianship and conservatorship. While they sound similar, they serve different purposes under Florida law—and choosing the wrong one or misunderstanding how they work can create unnecessary legal trouble, expenses, and court involvement. 

What Is Guardianship in Florida?

Guardianship is a court-supervised legal relationship where one person (the guardian) is appointed to make decisions for another person (the ward) who is unable to care for themselves.

When Guardianship Is Used

Guardianship may be necessary when a person:

• Has dementia or Alzheimer’s disease

• Experiences a traumatic brain injury or stroke

• Has a developmental disability

• Is a minor without a capable legal parent

In Hallandale Beach, guardianship cases are typically handled through the Broward County Probate Division, and they often involve court evaluations, medical evidence, and ongoing reporting requirements.

Types of Guardianship in Florida

Guardianship of the Person

This allows the guardian to make decisions about daily care, medical treatment, housing, and general well-being.

Guardianship of the Property

This gives the guardian authority to manage finances, pay bills, protect assets, and handle income.

Plenary vs. Limited Guardianship

A plenary guardianship grants broad authority when a person lacks capacity across the board. A limited guardianship allows the ward to maintain some rights, with the guardian stepping in only where needed.

Florida courts are required to use the least restrictive alternative, meaning guardianship should only remove truly necessary rights.

What Is Conservatorship in Florida?

Conservatorship in Florida is not a substitute for guardianship and is used much less often.

A conservatorship is designed to protect property or assets in very specific, short-term situations. In Florida, this most often happens when someone owns property or money that needs immediate protection, but no one currently has legal authority to act on their behalf.

For example, a conservatorship may be used when a person goes missing, and bills, taxes, or property expenses still need to be paid, or when someone is suddenly hospitalized or out of the country and their assets are at risk of loss or misuse. It can also apply when a person unexpectedly inherits money or property, and there is no existing guardian, trustee, or power of attorney in place to manage it.

In these situations, the court can appoint a conservator to protect the assets until the person returns temporarily, a guardian is appointed, or another permanent legal arrangement is established.

Conservatorship does not grant authority over personal or medical decisions.

Key Differences Between Guardianship and Conservatorship

Guardianship addresses the person, their decisions, and often their finances. Conservatorship focuses only on property, and only under limited circumstances.

Guardianship requires a court finding that the individual lacks the capacity to manage their own affairs. Conservatorship does not always require incapacity, but does require proof that assets need protection.

Guardianship is common in elder care and disability situations. Conservatorship is rare and typically temporary.

The Court Process for Guardianship in Florida

How does a guardianship case begin?

A guardianship case starts when someone files a petition with the probate court, usually in the county where the individual lives. In Hallandale Beach, this means filing in Broward County.

The court then appoints an examining committee—typically three professionals—to evaluate the individual’s mental and physical capacity.

What happens after the evaluation?

The examining committee submits reports to the court, and a hearing is scheduled. The court reviews medical evidence, testimony, and legal arguments to determine whether the person lacks capacity and which rights, if any, should be removed.

If guardianship is granted, the court appoints a guardian and specifies their authority. The guardian must complete the required training and post a bond if managing finances.

Is guardianship ongoing?

Yes. Guardianship involves continuous court oversight. Guardians must file annual reports, financial accountings, and care plans. Major decisions often require court approval, and the court can modify or terminate guardianship if circumstances change.

The Court Process for Conservatorship in Florida

How does conservatorship begin?

A conservatorship begins when someone files a petition explaining why immediate protection of assets is necessary. The court looks for urgency and lack of existing authority, such as no valid power of attorney or trustee.

Because conservatorship is often time-sensitive, courts may act quickly.

How long does a conservatorship last?

Conservatorship is temporary. It typically ends when the missing person returns, a guardian is appointed, or another legal mechanism is established to manage the assets.

The conservator must report to the court and use the assets only for approved purposes.

What Legal Documents Can Avoid Guardianship or Conservatorship?

Durable Power of Attorney

A durable power of attorney allows someone to manage financial matters if you become incapacitated. When properly drafted and still valid, it can eliminate the need for guardianship or conservatorship.

Health Care Surrogate and Living Will

These documents allow someone to make medical decisions on your behalf and express your healthcare wishes. They often prevent the need for guardianship over personal or medical decisions.

Revocable Living Trust

A trust allows a successor trustee to manage assets without court involvement if you become incapacitated. This is one of the most effective tools for avoiding conservatorship or guardianship of property.

Final Thoughts

Guardianship is the long-term, court-supervised solution when someone needs help managing daily life, healthcare, or finances. Conservatorship, on the other hand, is more like an emergency save—temporary, narrow, and focused only on protecting assets when no one else can step in.

Knowing the difference (and knowing which planning documents can keep the court out of the picture altogether) can save families time, stress, and a whole lot of unnecessary legal issues when situations suddenly turn serious.