Conservatorship & Guardianship

Conservator and Guardian: What’s the Difference?

A conservator is appointed in Montana when someone is not able to manage their own finances or to make sound financial decisions. Sometimes a conservator is the same person as a guardian, but not always. Guardianship may be necessary when a non-parent is caring for a minor child or an adult in Montana who is unable to made decisions for him or herself.

A guardian and conservator play two separate roles. As conservator, there are many responsibilities that must be followed. For example, a conservator is not allowed to use funds for his or her own benefit. It’s important to know these responsibilities if you are considering being a conservator on behalf of someone else.

Our Bozeman family law attorneys will help you understand whether becoming a conservator or guardian is the right option for you.

What you need to know:

When a conservatorship might be necessary:

  • A child in Montana may need a conservator appointed if the child is given money from an insurance company as a result of a crash

  • A grandfather in Montana may need a conservator when, because of dementia, he is not able to understand the details of managing her own funds

  • A grandmother in Montana may need a conservator if she is being taken advantage of and doesn’t understand. A conservator may be able to assist. One example is when a mother is taken from her nursing home to the bank where she is asked to withdraw large sums of money to provide to the person taking her.

Guardianship of a minor child in Montana:

When a guardianship is established for a minor child in the state of Montana, the guardian is responsible for the health and well being of that child. If a parent is not willing or able to meet the needs of a child, the Court may appoint a guardian for that child. Having a guardianship often provides stability for the child involved. It is also important for the adults involved to have a clear understanding of each persons rights and obligations. A guardianship provides this.

Guardianship of an incapacitated adult in Montana:

A guardianship may be necessary when, for example, the individual has a disability, is in an accident that impairs their ability to care for themselves, or when dementia sets in. When you’re faced with asking for guardianship over an adult, the circumstances can feel overwhelming. Our family law attorneys are committed to walking you through the legal process with compassion and understanding. We take care of this part so you can focus on what really matters.

The process for appointing a guardian for an adult is different than that for a child. For example, when establishing a guardianship for an adult, the court will appoint several persons, one called a “visitor” and one doctor, to report to the court whether or not the guardianship is appropriate. If you need more information about this process, please fill out this inquiry form to get started.

Frequently Asked Questions

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Ready to get started?

Our Bozeman legal team works hard to understand each client’s unique circumstances and specifically tailor the process to fit their requirements. We create durable and practical outcomes that suit each person’s needs.