They are not to be confused with other legal powers, such as Power of Attorney or Representative Payee which one person may grant to another. The individual appointed to be a guardian or conservator assumes most of the disabled person's civil and legal rights for that person's protection and is subject to the direction of the court. A conservator manages only the financial resources of an incapacitated individual, or ward. An annual accounting must be filed with the court detailing how the funds were spent on the ward's behalf. A guardian is appointed to make personal care decisions for the ward.
Personal care includes medical treatment and other decisions promoting comfort, safety and health.
The guardian must file an annual report with the court on the ward's condition. A guardian or conservator has no personal financial responsibility for the ward. Under direction of the court, the conservator uses the ward's funds to pay expenses. There must be a proceeding in court to determine whether a person is legally incapacitated and in need of a guardian or conservator. The person who is alleged to be incapacitated is entitled to notice that a petition has been filed and a hearing will be held.