Conservator vs. Legal Guardian status for FAFSA - can my senior apply as independent?

This is a really important distinction! For FAFSA purposes, legal guardianship specifically means the court determined your family member's biological/adoptive parents could not care for them, and YOU were appointed as the legal guardian. It's not just about who has financial control - it's about the specific legal relationship. Has the court terminated the parents' rights completely? That's usually the key factor for independent status.

my nephew went thru something similar last yr... his grandma had medical power of attrny but not full guardianship and he still had to use parents info on fafsa. huge headache since they wouldnt cooperate!! ended up having to file a dependency override request with each college

To clarify the FAFSA rules on this specific situation: conservatorship alone does not automatically qualify a student for independent status. The exact language in FAFSA regulations refers to a student who "is or was in legal guardianship as determined by a court in their state of legal residence." Your best options are: 1. File a dependency override request with each college's financial aid office (as mentioned above) 2. See if your family member meets any other independent student criteria (are they a veteran? married? have their own dependents? homeless or at risk of homelessness?) 3. If biological/adoptive parents are still living and you can locate them, you might still need their information for the FAFSA Each school handles dependency overrides differently, but most require documentation of the family situation, letters from professionals (counselors, social workers), and evidence the parents aren't providing financial support.

I'm going through the exact same thing with my cousin! We've been trying to reach someone at Federal Student Aid for THREE DAYS to get a clear answer about conservatorship vs guardianship. Either busy signals or disconnected after waiting forever. So frustrating when you're just trying to do the right thing and help a kid go to college!

FAFSA IS THE WORST!!! They make these arbitrary distinctions that don't reflect real families! My sister had custody of her stepson but not "guardianship" and they forced him to somehow track down his bio mom who hadn't been in his life for 14 YEARS just to complete the stupid form. The whole system needs to be burned down and rebuilt I swear.

Based on what you've shared, I recommend you take three specific steps: 1. Gather all court documentation related to the conservatorship appointment 2. Contact each college's financial aid office (not just FSA) to explain the situation before applying 3. Begin preparing for a dependency override request by collecting: - Court documents - Letter from you explaining the situation - Letter from any professionals who can verify the family circumstances - Documentation showing you've been financially responsible for the student Doing this proactively will save you a lot of headaches later. The good news is that schools have discretion with dependency overrides, and many are sympathetic to situations like yours.

One additional point that might be relevant: If your family member is a high school senior right now, they'll be using the new FAFSA for 2025-2026. The form has changed significantly from previous years, including how it calculates the Student Aid Index (SAI, which replaced EFC). While the dependency status questions remain similar, the overall process is different. Also, make sure your family member answers the dependency questions carefully. There's a specific question that asks: "Is someone other than your parent or stepparent legally appointed as your legal guardian?" Based on your situation, the answer would be "No" since conservatorship is not the same as legal guardianship for this purpose.

btw if u cant get the dependency override my nephews counselor told us to look at schools with good merit scholarships since those dont always need fafsa... something to think about as backup??

I'm new to this community but wanted to share what I learned when helping my friend navigate a similar situation last year. The distinction between conservatorship and guardianship for FAFSA is really frustrating, but there are a few things that might help: 1. Document everything now - even if the dependency override doesn't work out immediately, having a paper trail of financial responsibility will be crucial 2. Consider having your family member take a gap year if needed while you sort this out - it's better to get the financial aid right than rush into loans 3. Look into state-specific programs too - some states have additional aid for students in unusual family situations that don't require the same FAFSA dependency criteria The system definitely isn't set up for complex family situations like yours, but don't give up! Many students in similar circumstances do eventually get the help they need, it just takes more persistence and documentation.

As someone who works with families in complex legal situations, I want to echo what others have said about the conservatorship vs. guardianship distinction being really important for FAFSA purposes. The federal aid system is pretty rigid about this - they're looking for that specific "legal guardianship" language in court documents. However, I'd suggest one additional step that hasn't been mentioned yet: contact your state's higher education agency or student aid commission. Many states have their own grant programs that may have different criteria than federal aid, and some are more flexible about family situations involving court-appointed conservators. They might also have specific guidance for your state's legal definitions. Also, when you're preparing for those dependency override requests, include any documentation showing that you've been claiming your family member as a dependent on your taxes - that can help demonstrate the financial responsibility relationship even if the legal terminology doesn't perfectly match FAFSA's requirements. The whole process is definitely frustrating, but you're doing the right thing by asking these questions early in the process!

I just wanted to add something that might be helpful - if your family member qualifies for any federal benefit programs (like SNAP, Medicaid, WIC, etc.) because of their family situation, make sure to document that too when preparing for dependency override requests. Schools sometimes view eligibility for these programs as additional evidence that the student isn't receiving parental support. Also, if there are any school counselors, social workers, or other professionals who have been involved with your family member's situation, getting letters from them can really strengthen your case. The more third-party documentation you have showing the reality of the family situation (versus what the legal paperwork says), the better your chances with the override requests.

I'm new here but wanted to share something that might help - have you looked into whether your family member might qualify as "homeless" or "at risk of homelessness" under FAFSA's definition? It's not just about literally living on the streets. If the biological parents aren't providing support and your conservatorship exists because of family instability, your family member might qualify under this category, which would make them independent for FAFSA purposes. The school's homeless liaison or a HUD-funded shelter could potentially provide the required determination letter. It's worth exploring since the criteria for this can be broader than people realize, and it might be an easier path than the dependency override process.

I'm also new to this community and going through something similar with my niece. Reading through all these responses has been incredibly helpful - I had no idea about the distinction between conservatorship and guardianship for FAFSA purposes. The suggestion about exploring the "at risk of homelessness" category is particularly intriguing since it might be a more direct path to independence status. I'm curious though - for those who have successfully gone through the dependency override process, approximately how long did it take from when you submitted all the documentation to when you got a decision? We're trying to plan our timeline since my niece is also a senior this year, and I want to make sure we're not scrambling at the last minute if we need to pursue multiple options simultaneously.

I'm new to this community but wanted to jump in since I recently went through a very similar situation with my younger sister. The conservatorship vs. guardianship distinction is incredibly frustrating - it feels like the system penalizes families who are trying to do the right thing legally. One thing that helped us was creating a comprehensive timeline document showing when the conservatorship was established, what circumstances led to it, and all the ways I've been financially responsible for my sister since then. This included things like health insurance coverage, school enrollment documentation, and even receipts for major expenses like clothing, medical care, etc. When we met with financial aid counselors, having this clear timeline really helped them understand our situation quickly. Several schools told us that while conservatorship doesn't automatically qualify for independence, our documentation made a strong case for the dependency override. Also, don't overlook the possibility that your family member might qualify for other independence criteria - I was surprised to learn how many different pathways there are. The key is being thorough and starting early, which it sounds like you're already doing!