You weren’t sure what to do when your loved one started forgetting to pay her bills and missing doctor’s appointments. She was still sharp in conversation—telling stories, making jokes—but handling her day-to-day responsibilities had become too much. You kept hearing terms like guardianship and conservatorship, but nobody could explain the difference in plain English.
Turns out that knowing the difference matters more than we realize. When someone can no longer manage their personal matters or financial affairs, Texas law offers two main options: guardianship and conservatorship.
While these terms are often tossed around as if they’re the same, they’re not.
Understanding Guardianship
Guardianship is where a court-appointed individual (called a guardian) makes decisions for someone else (the ward) who cannot make sound decisions independently. This can apply to a minor, an adult with disabilities, or someone who is otherwise mentally or physically incapacitated.
- Guardian of the Person – Manages day-to-day personal decisions. This can include where the ward lives, medical decisions, and educational matters.
- Guardian of the Estate – Oversees financial matters, such as paying bills, managing assets, and budgeting.
One person may be appointed to serve in both roles.
What is Conservatorship?
In Texas, conservatorship is a term used exclusively for child custody arrangements—specifically, managing conservatorship and possessory conservatorship in family law cases. Conservatorship is not for managing an adult’s affairs. When parents divorce, the court determines who will have legal rights and responsibilities over the child or children. That’s where conservatorship comes in. A judge may grant conservatorship to one or both parents, depending on what’s in the best interests of the child.
There are two primary types of conservatorship in Texas:
Managing Conservatorship – The right to make important decisions about the child’s life. This includes matters related to education, medical care, and general welfare. Again, one or both parents may have this role.
Possessory Conservatorship – This generally refers to the parent with visitation rights. Even though they are still the child’s parent and are very much in their lives after a divorce, they may not have the authority to make major decisions about the child’s upbringing. This conservator still has the right to access information about the child.
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