Conservator and Guardian: Roles and Bonds Explained

Feb 5, 2026

Conservators and guardians are appointed in a courtroom to oversee and protect the affairs of someone who cannot independently make sound decisions or care for themselves. Age, mental illness, cognitive decline, or injury, are among the most common reasons why a conservator or guardian may become necessary. Whether the term “guardian” or “conservator” is used depends largely on zip code and specific circumstances. At the core, conservators and guardians have similar roles: they are fiduciaries, held to the highest standard of care recognized by law. Read on for an overview of the role of conservators and guardians, and an understanding of conservator bonds and guardianship bonds.

Fiduciary Responsibilities

The terms guardian and conservator can be confusing, because state courts may apply them for distinctive purposes, based on whether the scope of authority being granted is personal (decisions about medical treatment and daily care) or financial. Age can also factor into the chosen terminology. For example, in California, “guardian” is used when the “ward” is a minor (under 18), and “conservator” is used for adults experiencing a capacity decline (i.e. dementia). On the other hand, in New York, “guardian” applies to both minors and adults, but is differentiated by “of the person” or “of the property. Generally, it’s helpful to keep in mind that many states follow the Uniform Guardianship and Protective Proceedings Act (UGPPA), and use “Guardian” to refer to personal decisions, and “Conservator” for financial ones.

Legal Zoom points out: “The scope of authority granted to guardians and conservators varies based on the specific court order and the ward’s needs. Courts increasingly favor limited arrangements that preserve as much autonomy as possible while providing necessary protection.” Whether a state uses the term “guardian” or “conservator,” the fiduciary obligation remains the cornerstone of this court-appointed service. Attorneys at Robinson & Henry underscore that both conservators and guardians are held to a fiduciary standard: “A fiduciary relationship exists between two people when one of them has a legal or ethical obligation to protect the other person’s interests.” Essentially, to be held to a fiduciary standard means you are legally bound to act with the highest degree of integrity, placing the interests of the protected person above your own. This elevated legal duty exists because the court has entrusted a conservator or guardian with the life and assets of someone who cannot advocate for themselves. Whether managing daily medical care or an entire financial estate, conservators and guardians must adhere to the principles of loyalty, prudence, and transparency. This involves avoiding any “self-dealing”—such as purchasing the ward’s property at a discount—and making stable financial choices.

Conservator and Guardianship Bonds Explained

As fiduciaries, conservators and guardians must operate as an “open book” to the court system, maintaining meticulous records and filing annual accountings to prove that every decision was made in the ward’s best interest. Failure to meet this standard, such as commingling funds or neglecting a ward’s needs, can lead to legal consequences, removal and even personal liability. To further protect the wards of conservators and guardians, courts typically require the individuals appointed to these roles to obtain a type of fiduciary bond, which may be specifically referred to as a conservator or guardianship bond.

Conservator bonds and guardianship bonds serve as a financial safeguard, ensuring that individuals entrusted with these roles act honestly, responsibly, and in accordance with all court directives and state laws. The bond amount and specific bond terms are usually set by the courts. This determination is based on the circumstances of the individual and assets being protected. Both conservator and guardianship bonds are legally binding, three-party contracts. Here’s how these fiduciary bonds work: A trusted Surety guarantees to the Obligee (the Court on behalf of the ward) that the Principal (the conservator or guardian obtaining the bond) will comply with all applicable laws and standards. If the Principal causes financial harm by failing in their duties, the Surety compensates the injured parties, up to the bond’s value.

As a trusted, national, and direct bond writer, Colonial Surety Company makes it easy to secure guardianship and conservator bonds that meet the exact, state-specific requirements of courts in every state and U.S. territory. To obtain conservator or guardianship bonds at Colonial Surety Company simply:

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Good To Know: Less Restrictive Options?

Given the trend toward longer lives, most of us need to anticipate that we will at some point experience declines, and be in need of decision making and care assistance. That’s why estate planning professionals urge proactive planning—-taking charge of our own futures gives us the opportunity to write our own playbooks. For example, Legal Zoom lists these “less restrictive” alternatives to court-appointed guardians and conservators, but notes: “if you don’t plan ahead, then the following may no longer be an option if the ward has lost capacity”:

Durable power of attorney. Allows a trusted person to make financial or healthcare decisions without court involvement. This document remains effective even if the person becomes incapacitated.
Advance directives. Include living wills and healthcare proxies that specify medical treatment preferences and designate someone to make healthcare decisions.
Representative payee. A Social Security Administration program that allows someone to manage benefit payments for individuals who cannot handle their own finances.
Supported decision-making. A newer approach that provides assistance with decision-making while allowing the individual to retain legal capacity.
Trust arrangements. Professional trustees can manage assets while the individual retains control over personal decisions.

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