Many times during an IEP Meeting, or as a young person approaches the age of 18, questions about a young person's future are raised. Will my child be able to care for himself or herself? Will my child be able to manage his or her own property? Will people try to take advantage of my child?

In this paper we are going to attempt to describe the difference between Conservatorship and Guardianship, with the hope that this will help answer some of the questions which you may have.

I.Guardianship. The term guardian refers to the person or persons who have the sole responsibility to look after the personal needs of another person. The guardian has no responsibility for the person's property.

The process which is to be followed to establish guardianship is as follows: A. Contact your family attorney and explain that you would like to establish guardianship. At this time the attorney will complete necessary papers, and these will be filed with the Clerk of Court. B. Once papers are filed with the Clerk of Court, a Guardian Ad Litem is appointed. The purpose of this person is to assure the court that this guardianship is in the best interest of the individual for whom guardianship is being sought. C. Official papers are served to the person for whom the guardian is requested. This is done to assure the court that the proposed ward is aware of what is happening. D. Court appearance (the child does not need to be present)-Guardian Ad Litem will give his/her report and the court will then take appropriate action. E. If the court does appoint a guardian, the guardian will be given official court papers, identifying the individual as guardian and the responsibilities of the guardianship.

II.Conservatorship. The term conservator refers to a person who is appointed by the court and has the duty of managing an individual's property (i.e. C.D.'s, real estate, checking, etc.). The steps and procedures for filing to establish conservatorship is the same as guardianship. These two can be combined in one operation if you are aware of the need.

One of the major advantages to the parent of having the conservatorship is the knowledge that both they and the child will be protected against the child entering into a contract without the parent's knowledge or approval.

III.Cost and Timelines of Guardianship, Conservatorship, or Combination.
In this brief explanation, a complete break-down of the costs (these will vary) will not be attempted. The following are only estimates:

Cost-approximately $300-500. This could vary somewhat with the amount of personal property the child/young adult has. The court may require a bond. Timeline-approximately 30-60 days.

IV.Reports to be made by Conservators. It will be necessary for the person appointed as Conservator to file certain papers with the court. These include:

A. File an initial inventory of the child's holdings, within 30 days. B. On a yearly basis, file a report of all income and/or losses. C. If income was great enough, submit a copy of the tax return for the individual.

This brief explanation of the process involved in securing Conservatorship and Guardianship is just that-brief. Please be aware that legal processes, fees, and timelines can change with time and new laws. It is suggested that once you have read this, and you have more specific questions, you contact your attorney for more detailed information. Good Luck!!