While both wills can include conservator preferences, these are not legally binding until approved by a court. A will can name who you want as a conservator in the event of your incapacitation, but that person still needs to go to court to become the conservator. Similarly, when you name a conservator or a guardian for your children in your will, they will have to go to court to get the appropriate paperwork if you become incapacitated. In either case, the preference you express in your will is not binding; while a court will generally follow your choice, it can be contested.

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