Skip to content 
When caring for a loved one who can no longer manage their own affairs, two legal tools often come up: guardianship and conservatorship. These terms are sometimes used interchangeably, but they have different meanings depending on the state and their implications for decision-making authority are not always the same.
In Texas, the distinction is particularly clear. Texas law defines guardianship as a court-supervised relationship where one person (the guardian) is given legal authority over another person (the ward). Conservatorship, on the other hand, is used in different contexts, primarily in family law. Understanding the differences between guardianship and conservatorship is essential when you’re trying to make the right decisions for a vulnerable adult or minor child.
Below, we’ll discuss the core differences between guardianship and conservatorship, how Texas law handles each, and what practical steps families should consider when facing either option.
- What Are the Differences Between Guardianship and Conservatorship?
- Legal Definitions Under Texas Law
- Why the Differences Between Guardianship and Conservatorship Matter
- How Courts Decide Between Guardianship and Conservatorship
- What to Expect From the Legal Process
- Key Legal Protections for the Individual
- Special Considerations for Aging Parents or Adults with Disabilities
- Choosing the Right Legal Path for Your Situation
What Are the Differences Between Guardianship and Conservatorship?
At their core, both guardianship and conservatorship involve someone taking legal responsibility for another individual. The differences between guardianship and conservatorship largely stem from:
- Purpose of appointment
- Scope of legal authorit
- Type of individual being protected
- Terminology used in Texas versus other states
In Texas:
- A guardian may be appointed to care for a minor or incapacitated adult.
- A conservator usually refers to someone with court-ordered rights over a child in family law cases (like in divorce proceedings), not over an incapacitated adult’s estate.
However, in states like California or New York, a conservator often refers to someone handling financial matters for an incapacitated adult, while a guardian might handle personal decisions. Texas law doesn’t split those roles in the same way. Instead, it allows for:
- Guardian of the person (decisions about health and living arrangements)
- Guardian of the estate (financial and property-related matters)
This difference in terminology is one of the reasons confusion arises when comparing jurisdictions.
Legal Definitions Under Texas Law
To fully grasp the differences between guardianship and conservatorship, it’s helpful to look at how the Texas Estates Code and Family Code define each role.
Guardianship
Under the Texas Estates Code, guardianship may be established for a minor or an adult who is incapacitated due to disability, illness, or age. Texas courts can grant one or both of the following:
- Guardian of the Person: Makes medical, residential, and personal care decisions.
- Guardian of the Estate: Handles income, investments, and property on the ward’s behalf.
Guardianship is generally considered a last resort and requires proof that less restrictive alternatives (like a power of attorney) are not appropriate.
Conservatorship
In Texas, conservatorship refers primarily to child custody, as defined under the Texas Family Code. After a divorce or child custody proceeding:
- A managing conservator has legal authority over the child’s care, medical decisions, and education.
- A possessory conservator may have visitation rights or limited decision-making powers.
This type of conservatorship is completely separate from guardianship for incapacitated adults.
Why the Differences Between Guardianship and Conservatorship Matter
When you’re supporting someone who needs help, these distinctions have real-world consequences. Choosing the wrong legal tool or mislabeling your role could delay access to care, interfere with benefits, or even expose you to liability.
Practical Impacts for Families
- Court Oversight: Guardianship requires extensive court oversight, especially for financial matters. A guardian of the estate must file annual accountings and may need court approval for certain transactions.
- Eligibility: Courts will only appoint a guardian when there is clear and convincing evidence of incapacity. For conservatorship in family law, the focus is on the best interest of the child.
- Limitations: A Texas court will tailor a guardianship to preserve the ward’s rights as much as possible. The goal is to give just enough authority, not total control.
Naming Confusion: If you move from or to a state that uses different terminology, you may need to update legal documents or seek a new court order to maintain authority.
How Courts Decide Between Guardianship and Conservatorship
The differences between guardianship and conservatorship often come down to what type of legal protection is needed and who it is for.
When Guardianship Is Appropriate
Texas courts may establish a guardianship if:
- An adult lacks capacity due to illness or disability
- A minor has inherited assets and needs someone to manage them
- Parents of a child with disabilities want to plan for continued care after the child turns 18
In each case, the court determines the least restrictive way to protect the individual’s interests while preserving their independence.
When Conservatorship Is Used
Conservatorship is used in family law, not adult incapacity. A court may establish conservatorship:
- During a custody dispute
- In a modification case
- To resolve decision-making conflicts between separated or divorced parents
Although conservators make decisions for children, they do not have control over adult persons or estates the way guardians do.
What to Expect From the Legal Process
Understanding how the legal process differs is just as important as knowing the terminology. Whether you’re seeking guardianship or becoming a conservator in a custody case, each involves specific steps.
Guardianship Procedure (Texas Estates Code)
- File an application in probate court
- Serve notice to interested parties
- Submit a physician’s certificate of medical examination
- Attend a court hearing
- Undergo background checks and training
- Court appoints guardian with specified powers
In some cases, you may be required to post a bond or file annual accountings, particularly if managing assets.
Conservatorship Procedure (Texas Family Code)
- File a petition in family court (often part of divorce)
- Serve the other parent or party
- Participate in temporary orders hearing if urgent
- Attend mediation or court hearing
- Court appoints one or more conservators based on best interest of the child
Unlike guardianship, conservatorship does not typically require separate financial management of the child’s property unless inheritance is involved.
Key Legal Protections for the Individual
Another critical distinction in the differences between guardianship and conservatorship is how each protects the rights of the individual.
Rights in Guardianship Cases
- Proposed wards must be represented by an attorney ad litem
- They can contest the application
- They retain rights not explicitly removed by court
- Courts review whether alternatives (like supported decision-making) are available
Rights in Conservatorship Cases
- Children’s preferences may be considered (if age 12 or older
- The focus is on promoting stability and well-being
- Both parents may retain joint managing conservatorship unless it would harm the child
Understanding these protections can help ensure that any legal arrangement honors the dignity and needs of the individual involved.
Special Considerations for Aging Parents or Adults with Disabilities
Families often struggle to decide whether to seek guardianship as a child with special needs becomes an adult. In other cases, aging parents may begin to show signs of dementia or lose capacity. This is when a proper understanding of the differences between guardianship and conservatorship becomes most relevant.
Some helpful tools to consider before pursuing guardianship:
- Power of attorney (POA)
- Medical POA
- Declaration of guardian in advance
- Supported decision-making agreements
Texas courts often require proof that these alternatives have been tried or ruled out before they will approve a guardianship.
Choosing the Right Legal Path for Your Situation
At the decision-making stage, you’ll want to carefully assess whether guardianship or conservatorship is appropriate and what type of authority is truly necessary. Ask:
- Is the individual a minor or an adult?
- Is this about personal care, financial decisions, or both?
- Has the person lost capacity, or is the issue shared parenting?
- Are less restrictive alternatives available?
The right legal path depends on your goals and the individual’s needs. A misstep can delay proceedings or even result in denied petitions. That’s why it helps to be clear on what Texas courts require and how they differentiate these two legal frameworks.
Conclusion
Understanding the differences between guardianship and conservatorship helps families avoid confusion and make decisions with clarity. Texas law distinguishes between these terms more clearly than some other states: guardianship applies to incapacitated adults or minors needing protection, while conservatorship deals with custody arrangements for children.
Whether you’re planning for your child’s future, supporting an aging parent, or involved in a custody dispute, knowing the legal limits and responsibilities of each option ensures you choose the most appropriate route. The key is not just in understanding the terminology but in matching the legal tool to your specific situation—while honoring the rights of those who need protection.
Other Related Posts
- What Is a Living Revocable Trust and Why It Can Strengthen Your Estate Plan
- How to Prepare a Living Will the Right Way: Legal Steps & Key Details
- Why a Living Will Lawyer Is Key to Making Your Health Wishes Clear
- Can a Special Needs Trust Be Revocable: Legal Rules, Limits, and Options
- How to Set Up Revocable Living Trust the Right Way
- Texas Guardianship Laws and Regulations: Key Rules and Court Process
- Does a Revocable Living Trust Need to Be Recorded for It to Be Valid?
- Understanding the Financial Responsibilities of a Guardian in Texas
- What Are the Texas Guardianship Age Requirements? A Full Guide
- Living Will Documents: A Complete Guide to Making Your Wishes Clear
- Texas Guardian Background Check Qualifications: What Courts Look For
- Setting Up a First-Party Special Needs Trust: Everything You Should Know
Frequently Asked Questions
No. In Texas, guardianship applies to adults and minors who are incapacitated or need someone to manage their personal or financial matters. Conservatorship is used in family law to determine who makes decisions for a child in a custody situation.
In Texas, guardianship covers both personal and financial roles, so a separate conservator is not appointed for adults. In other states, roles may be split between guardian and conservator.
A guardian of the estate manages a ward’s property, finances, and income. They must report to the court annually and may need court approval for large transactions.
A Texas family court appoints a conservator during custody proceedings. The judge may grant managing or possessory conservatorship to one or both parents, or another qualified adult.
Not always. Guardianship may be modified or terminated if the ward regains capacity or if it’s no longer in the person’s best interest. Annual reviews help courts reassess the need for continued guardianship.
