Covington County Probate Office
judge stacy b. brooks
CONSERVATORSHIP &
GUARDIANSHIP
WHAT IS A CONSERVATOR AND A WARD?
A conservator is a person who is appointed by the court to manage the property of a minor or incapacitated person. A ward is the legal name for a person for whom a guardian has been appointed.
WHO IS AN INCAPACITATED PERSON?
A person who is unable to manage property and business affairs because of: mental illness, mental
deficiency, physical illness, infirmities accompanying advanced age, chronic use of drugs or alcohol, confinement, detention by foreign power or disappearance.
WHEN CAN A CONSERVATOR BE APPOINTED?
A conservator may be appointed when an incapacitated person is unable to manage property and business
affairs, and (a) has property that will be wasted without proper management or (b) funds are needed to support
the incapacitated person or one entitled to support from the incapacitated person.
WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AND A CONSERVATOR?
The guardian looks after the person and their welfare while a conservator looks after their estate.
WHAT IS A GUARDIAN?
The parent of a minor or someone who has been appointed by the court to be responsible for the personal
care of an individual.
CAN A PARENT OR SPOUSE APPOINT A GUARDIAN?
Yes, in a Will or other document properly signed and witnessed, a parent may appoint a guardian for a minor
child or for an unmarried incapacitated child. Also, a person may appoint a guardian for his or her incapacitated spouse in a Will or other document properly signed and witnessed.