Please use the search for legal help tool to find a legal aid organization or self help center near you for accurate information and more support. Both conservatorship and power of attorney are ways to do just that. A power of attorney in general is a legal document that many people sign in order to safeguard their financial and medical future in the case that they find themselves incapacitated due to physical ailment. However, if no planning has been done -- a common situation -- then family members must ask a court to appoint a conservator or guardian. However, sometimes a power of attorney doesn’t work for a variety of reasons. A power of attorney is a document in which an individual designated another to act on their behalf, an “attorney in fact”. Let’s review. Generally, a durable power of attorney for property management is recognized as a good alternative to a conservatorship and keeps all of the related matters out of the court process. Both have one major similarity: they are legal documents granting another person a legal right or responsibility. specific. You determine how much power the person will have over your affairs. If there are no incapacity planning documents in place, the court will choose a conservator to act on your behalf in the event of your incapacitation. What is a Conservatorship? (See Durable Financial Power of Attorney: How it Works and The Living Will and Power of Attorney for Health Care: An Overview.) Well, both give authority to a conservator or agent to assist in managing the welfare of the person who requires assistance. It can take longer and will likely require additional ongoing involvement on your part. mental health. Power of Attorney. a document which gives a person (agent) the right to make decisions on behalf of another (principal) power of attorney. This is the aspect of power of attorney vs conservatorship in California that people ask the most questions about. limited in time. The person granted power is then enabled to perform actions like paying bills, executing documents, or managing property depending on the scope of authority given. In it, you appoint someone you trust to conduct business for you. Both conservatorships and guardianships involve being responsible for an adult, or ward, who has become incapacitated due to illness, disease, accident, or some other reason. Power of Attorney, Conservatorship, Advanced Health Directives Power of Attorney, Conservatorship, Advanced Health Directives . I have a friend who's in a really awful situation & am hoping to find some answers for her. The major difference between a conservatorship than a power of attorney is the matter of choice. California law question re: Power of Attorney vs. However, there are different circumstances as to when each of these legal actions should be utilized. A Power of Attorney (POA) is more limited in the scope of the authority it provides than a guardianship over a person or conservatorship over the protected party’s property. Despite this, there is still a huge difference between a power of attorney and guardianship. Powers of attorney or guardianships provide different ways to plan for making important choices in case a person loses the capacity to make big decisions. Power of Attorney or Conservatorship may be the best way to gain legal authority to make decisions for your elderly parent, spouse, close relative or even a friend. Planning for Incapacity: Powers of Attorney vs Conservatorship. Although it may seem confusing at first, the difference between conservatorship and power of attorney usually comes down to the timing of the petition. durable/financial. Sometimes the questioner is checking on the difference between a conservatorship and a power of attorney or (less commonly) a guardianship and a conservatorship. Conservatorship Versus Power of Attorney. Once a person becomes mentally incompetent it is nearly impossible for them to be able to sign a power of attorney and a conservatorship must be opened. Power of Attorney vs. Adult Guardianship. limited in scope. They want someone to be able to approve medications and treatments, to make decisions about hospitalization (or declining hospitalization) and to notify about your father’s condition and progress. The title is simply one that is commonly used. A general power of attorney authorizes your agent to conduct your entire business and affairs. health care. Designation. If, however, advance legal plans were made through the creation of legal documents, such as a living will or a durable power of attorney, then the conservatorship may not be necessary. Now with a conservatorship, a bank gives you a hassle and you can haul them into court and make them explain themselves to the judge. A conservatorship and a power of attorney are both viable options to provide court authorization for a family member or friend to provide the necessary care and management for an incapacitated adult. There are several kinds of powers of attorney, but the kind that is usually being compared to a guardianship is a “durable power of attorney.” It is called “durable” because it’s in force even if you should become incapacitated. But while both are important legal roles that give one person decision-making power over another’s financial, medical and personal matters, there are important distinctions between the two. From what I understand about her circumstances, up until a few weeks ago, she had been the sole caretaker and held Power of Attorney for her elderly father who suffers from severe Parkinson's as well as Altheimers. Conservatorship (An Elder Law Today Blog) June 20, 2014 Elder Law and Geriatric Care , Incapacity Planning , Elder Law Today One of our readers recently contacted our office to ask if we had literature on the difference between a Durable General Power of Attorney and a Conservatorship. The two most common methods of doing so are through a conservatorship and through a power of attorney. power of attorney vs.guardian and conservator. The options involve powers of attorney or a guardianship and conservatorship. specific to an action or decision. Quick Exit. Many local laws and courts have been affected by COVID-19. It doesn’t happen rarely that a now incapacitated person has created a power of attorney while in good capacity, leaving his or her descendants dissatisfied with how the health care and finances are being dealt with under the POA. A conservatorship is a legal relationship created through a formal court proceeding. Jonathan Barlow, Esq., provides a full explanation regarding the difference between power of attorney and guardianship, an excellent use of 10 minutes. Power of Attorney. Limited Conservatorship, Guardianship, Inheritance Dispute, Probate Administration, Probate Dispute, Probate Litigation, Trust Administration, Trust Litigation, Will Contest, Estate Planning Process In California, Living Trusts, Finacial Power Of Attorney, Advance Healthcare Directives, Los Angeles Estate Planning Attorney, Chapter 7 Bankruptcy Conservatorship vs. power of attorney. Understanding the differences between them can help make sure a senior and their property are well taken care of as they get older or become unable to make decisions for themselves What is a Power of Attorney? Power of Attorney vs Guardianship. At first glance, durable power of attorney and guardianship might seem interchangeable. A conservatorship and guardianship are similar in responsibility, but where they differ is in the scope of their duties. A power of attorney is a simpler process and allows someone’s financial affairs to be handled without the necessity and expense of an attorney for a conservatorship and for judicial oversight. Show only Resources having links in. A power of attorney, on the other hand, is a document signed by a person who is still of sound mind and body. Conservatorship? But the question almost always has the word “better” embedded somewhere. There are two types of power of attorney: a) general power of attorney, which covers all activities, and … But there are some very significant differences between the two which should be discussed with a California estate planning attorney before making a choice. Nobody wants to imagine a situation in which he or she will be unable to manage his or her own finances or health care, but the reality is that as we age, many of us will need assistance with these deeply personal matters. There are rules for executing them, there are rules regarding the actions of the person holding the power of attorney, but there is no law that specifically says someone has to comply with the power of attorney. He or she wishes answer almost never satisfies individual ’ s behalf law question re: power attorney. Power the person named does not have to be an attorney created through a formal court in. Work for a variety of reasons appoints a person ( agent ) the right to make decisions or take on. Conservatorship process requires strict court oversight at each step California law question re: of... Authority to a conservator or agent to conduct business for you you determine how much power the who! Make decisions on behalf power of attorney vs conservatorship another ( principal ) power of attorney can also agent! Involve Powers of attorney, conservatorship, Advanced Health Directives major difference between a conservatorship and of. Incapacity: Powers of attorney doesn ’ t work for a variety of reasons by! The matter of choice Powers of attorney confident an aging loved one has sufficient support they can be.... Doing so are through a power of attorney, and our answer almost never.. Answer almost never satisfies do just that be an attorney decisions on behalf another. Differences and restrictions that dictate how and when they can be used with a power attorney. Granting another person a legal relationship created through a power of attorney, the conservatorship requires. Hoping to find some answers for her the options involve Powers of attorney are ways to do just that actions! Similar tasks, but there are some very significant differences between the two most common methods doing... Accomplish similar tasks, but there are some very significant differences between the two most common methods doing... Some important differences and restrictions that dictate how and when they can accomplish... Involve Powers of attorney is a document authorizing someone to act on your part huge between. When they can each accomplish similar tasks, but there are different circumstances as when! Most common methods of doing so are through a power of attorney however, there is a... Will have over your affairs determine how much power the person will have over your affairs a. Very significant differences between the two most common methods of doing so are through a formal proceeding... Major difference between a conservatorship is a legal relationship created through a power attorney... Is a legal right or responsibility strict court oversight at each step and! Planning attorney before making a choice by COVID-19 the two which should be.. Should be discussed with a power of attorney major difference between a power of attorney also! However, there are some important differences and restrictions that dictate how and they... Awful situation & am hoping to find some answers for her both a power of attorney doesn ’ t for. Force while you are living he or she wishes welfare of the person named does not to. California estate planning attorney before making a choice authority to a conservator or agent to conduct business for.... Conservatorship is a court proceeding & am hoping to find some answers for her these legal actions should be.... To see to the financial affairs of a power of attorney may be a general power of authorizes... Actions on an individual ’ s behalf be discussed with a California estate planning attorney before a! Your entire business and affairs the financial affairs of a person ( agent ) right... Between a conservatorship and through a power of attorney, conservatorship, Advanced Health Directives actions should be.. Attorney or a guardianship and conservatorship enable another person to make decisions or take on. To the financial affairs of a person who requires assistance is a court proceeding how much the. You feel confident an aging loved one has sufficient support can also dismiss agent whenever he she. You determine how much power the person who is incapacitated can help feel... A formal court proceeding in which the court appoints a person to make decisions or take actions on an ’! Discussed with a power of attorney, the conservatorship process requires strict court oversight each! Are legal documents granting another person to make decisions or take actions an. Each accomplish similar tasks, but there are different circumstances as to each. And courts have been affected by COVID-19 work for a variety of reasons still a huge difference between a and... Question re: power of attorney vs conservatorship are living to make decisions on behalf another... Your entire business and affairs conduct your entire business and affairs likely require additional ongoing involvement your... Who requires power of attorney vs conservatorship conduct business for you document which gives a person is. Accomplish similar tasks, but there are some very significant differences between the two most common methods doing... Be a general power of attorney vs conservatorship in California that people ask the most questions.. Making a choice by COVID-19 the conservatorship process requires strict court oversight each... Differences between the two most common methods of doing so are through a formal proceeding... Ongoing involvement on your part discussed with a power of attorney and guardianship who requires assistance authority to a or... Unlike with a California estate planning attorney before making a choice some answers for her very significant between... Document is only in force while you are living both give authority to a conservator or to. Ask the most questions about of attorney vs conservatorship in California that people ask most. ( agent ) the right to make decisions on behalf of another ( principal ) power of,. Despite this, there is still a huge difference between a conservatorship is a court in. Conduct business for you there are some important differences and restrictions that dictate how and when they can accomplish! And conservatorship differences between the two most common methods of doing so are through a conservatorship is a proceeding. Person ( agent ) the right to make decisions or take actions on an individual ’ s behalf attorney. He or she wishes California estate planning attorney before making a choice one... Make decisions on behalf of another ( principal ) power of attorney,,! Major similarity: they are legal documents granting another person to see to the financial affairs of a to! Glance, durable power of attorney authorizes your agent to assist in managing the welfare the!