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The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.
The person asking for guardianship or conservatorship must first complete a Petition to Determine if disabled form and file it with the court. The form is available from the local District Court. The form can also be found online at: .
Full Guardian/Full Conservator ?responsible for both the personal and financial affairs of the client. Personal Guardian -responsible for only personal affairs of the client. Conservator ? A conservator may be appointed if the disabled person only needs help with managing financial or fiduciary affairs.
A competent individual may sign a Power of Attorney allowing another adult to handle their affairs while still maintaining their personal rights. A Power of Attorney does not require court involvement. Adults may also designate a health care surrogate prior to incapacitation.
But, in general, the main differences between the two are who can take on each role, that person's main responsibilities and the length of the arrangement. As we've covered, custody is granted to parents or to someone with a parent-like relationship to a child; guardianship is appointed to someone other than a parent.