How to Distinguish Needing a Guardianship or a Conservatorship

Georgia Estate planning attorney Mark Biernath and Cobb County probate Judge Kelli Wolk discuss distinguishing a need for a guardianship versus a conservatorship for a special needs individual.

Judge Wolk: I’m going to address your question in general terms, I’m not allowed to give legal advice and yours is and you’re masking it very well! But your question specifically, of that matter, during the break I would talk to Mark. But what you’re talking about, your getting conflicting information. What you are talking about are two different things, because what I’m guessing is that you are asking two different questions with out meaning to. “I need to take care of my son”, you need a guardianship. “My son has this account with money in it that I need to get to because I’m running out of my own money to take care of him”, you need a conservatorship. To you its all “I need to take care of my son”. If you’re talking about that account, you’re talking about needing a conservatorship. If you have a person who is incapacitated and meets the test, you need a guardianship.