What Is the Difference Between a Guardianship and Conservatorship?

Minor children need someone in their lives who takes care of them and provides for them. Sometimes, their parents are unable to do this. This is when the state needs to step in and find someone who is suitable to take care of the children. There are two ways this may occur in Oregon. The court may appoint a guardian or a conservator.

According to the Oregon Judicial Branch, a conservatorship is where the court puts a person in charge of the assets of a child. On the other hand, a guardianship is where the court appoints a person to take care of the child’s well-being and care. The process and requirements for both positions are very similar.

You may be able to get the forms you need to file for either position through the court, but in general, there is not a form available. You will need to draw it up yourself and ensure that it provides the required information the court needs to consider the matter. With a guardianship, you must provide notice to the child’s parents of the request to become the guardian. It is your responsibility to do this even if you cannot locate a parent.

You may serve as a guardian or conservator if you have an interest in the care of the child. You will have to tell the court about any bankruptcies, professional license revocation and criminal history. You also must file your paperwork with the correct court. This is the court in the county where the child lives. This information is for education and is not legal advice.