Conservators – Rights and Duties
Conservators – Rights and Duties

Conservators – Rights and Duties

Conservators – Rights and DutiesConservators – Rights and Duties

As we discussed in our previous blog, a conservator is a person appointed by a judge to manage the financial affairs and/or daily life of a child. This person makes decisions on behalf of the child, and each of those decisions must be made with the child’s best interests in mind.

With that being said, a conservatorship suit establishes exactly who that person is in the eyes of the court. Furthermore, conservators have a number of default rights and duties associated with a child under their control and possession. These default rights and duties can be limited (or expanded) by the court if doing so is in the child’s best interest.

Below is a chart from the Texas Family Code that details those rights and duties.

Before reading the chart, please note that in a conservatorship suit, there are two types of conservators that can be appointed by the court. They are:

Managing Conservators: A sole managing conservator is a person or entity granted certain exclusive rights to make decisions for the child. A joint managing conservator is one of two or more people who share the rights and duties of a parent, even if the exclusive right to make certain decisions is awarded to only one person.

Possessory Conservators: A possessory conservator is a person who is designated by a court as having a right to possession of a child at specified times under specified conditions, and who is authorized during periods of possession to exercise certain rights of a parent.

Conservators – Rights and Duties

Right or duty



Parent Nonparent Parent Nonparent
Have physical possession X X X X
Direct moral/religious training X X X  
Designate primary residence X X    
Consent to treatment: emergency X X X X
Consent to treatment: invasive medical, dental, and surgical X X    
Consent to treatment: noninvasive medical, dental, and surgical X X X X
Consent to treatment: psychiatric and psychological X X    
Receive child-support payments X X    
Act as agent X X    
Manage child’s estate (right) X X X  
Receive services and earnings X X    
Consent to marriage X X    
Consent to joining armed forces X X    
Act as legal representative X X    
Make educational decisions X X    
Access medical, dental, psychological, and educational records X X X X
Receive information about health, education, and welfare X X X  
Confer on decisions about health, education, and welfare X X X  
Consult with physician, dentist and psychologist X X X  
Consult with school officials X X X  
Attend school activities X X X  
Be designated as emergency contact X X X  
Inherit from child X   X  
Consent to adoption of child X X    
Act under other law governing parent-child relationship X X X  
Care for, control, protect, and discipline child X X X X
Support child X X X X
Manage child’s estate (duty) X X X  
Report on child’s welfare   X    


If you would like more information on Conservators – Rights and Duties, or perhaps you have a specific question that wasn’t completely answered with the information above, give our knowledgeable staff here at Nelson Law Group, PC a call. Talking these details out beforehand can help steer your family in a more positive direction. Our staff is always available. Give us a call today. For more information on Brett A Nelson visit


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