What is Guardianship?

Guardianship is a legal mechanism by which a person is designated to protect the rights and interests of someone who is in a vulnerable situation, whether a minor or a person judicially declared incapable.

In the case of minors, the guardian will be appointed by the judge and will have the function of caring for, protecting and representing the minor in all legal areas. On the other hand, if it is of a person declared judicially incapable, the guardian will be in charge of representing her interests and making decisions on her behalf.

What is Conservatorship?

Guardianship, on the other hand, is a mechanism that also aims to protect people in vulnerable situations. However, unlike guardianship, it is specifically intended for those people who have been declared permanently or temporarily incapable in certain areas of their life.

The conservator is appointed by a judge and has the responsibility of protecting the interests of the incapacitated person in the areas in which he or she is considered to need help. This may include managing your assets, making medical decisions, or even representing you in legal hearings.

What is the difference between Guardianship and Curatela?

Although both guardianship and conservatorship aim to protect people who are not capable of protecting themselves, the main difference between them is that guardianship is granted for minors or people declared completely incapable, while Conservatorship is intended for people who have been declared incapable only in certain areas of their life.

Some important points to keep in mind:

• A guardian is appointed to protect the rights and interests of a minor or a person declared completely incapable.
• A conservator is appointed to protect a person's interests in specific areas of their life in which they have been declared incapable.
• Conservatorship can be temporary or permanent, and is granted only in the specific areas where the person is deemed to need help.
• Guardianship, on the other hand, is permanent until the minor reaches the age of majority or the person declared completely incapable regains his or her capacity.

Conclusion

In summary, guardianship and conservatorship are legal mechanisms designed to protect the interests of people in vulnerable situations. Although both have a similar objective, their difference is that guardianship is granted to minors and people declared completely incapable, while conservatorship is intended for people who have been declared incapable only in specific areas of their life.

It is important to inform and know these terms to better understand the legal mechanisms that protect our most vulnerable people.

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