Terminology
Guardianship
Guardianship is determined by a court. When a person is found to be unable to make personal decisions about their own well-being, a court will award guardianship over that person. The guardian is then ordered to make decisions on behalf of the protected person. A guardian has the authority to make decisions such as living arrangements, education, and medical care. A guardian is required to submit an annual report to the court each year.
Conservatorship
Conservatorship is determined by a court. When a person is found to be unable to make decisions about their finances, a court will award conservatorship for that person. The conservator is then ordered to make financial decisions on behalf of the protected person. A conservator has the authority to enter into contracts, invest assets, pay bills, manage bank accounts, etc. A conservator is required to submit an annual report to the court each year.
Trustee
Guardian ad Litem
A trustee is appointed by a court. When a trust is established a trustee is required to manage the trust according to the trust documents. A trustee is responsible for managing the bank accounts, paying for services, and making financial decisions in regards to the trust and the person's estate.
A guardian at litem is appointed by the court to advocate for a child or protected person who is involved in court proceeding.
To learn more about court-appointed fiduciary responsibilities visit www.mncourts.gov or www.minnesotaguardianship.org or www.guardianship.org
Representative Payee (Rep Payee)
A Rep Payee is approved by the Social Security Office. The Rep Payee manages a person's social security benefits. A person can be their own Rep Payee or if a person is found to be unable or unwilling to manage their benefits finances, social security will approve someone else to assume those responsibilities. The Rep Payee decide on what the benefits will pay for, manages the bank account, and takes care of the annual reports.
To learn more about Rep Payee and Social Security benefits go to www.ssa.gov
Support Planner
A support planner writes the plan for the annual budget for services for individuals who use CDCS-Consumer-Directed Community Supports, which is a self-directed method of management for waivered funds. A CDCS support planner is certified by the state.