What’s the Difference between a Power of Attorney and a Conservatorship?

A power of attorney and a conservatorship are both legal documents. Conservatorships are put in place when a person becomes mentally incapacitated. A power of attorney is a legal document that allows a person to manage your affairs when you are unable to.

Durable Power of Attorney

A durable power of attorney for finances can be an effective way to avoid a conservatorship and the attendant legal fees. Essentially, a durable power of attorney gives your agent the power to make decisions on your behalf. If you decide you no longer want the power of attorney, you need to give the agent a written notice. However, you must be competent and willing to do so. The power of attorney automatically terminates if you die or become incapacitated.

Choosing an agent is one of the most important decisions you will make when preparing your durable power of attorney. The person you choose must be someone you trust and have full confidence in. He or she must also be available and have the necessary experience. It is also important to consider any conflicts of interest the person may have. Also, be sure to choose someone who is willing to waive these conflicts. It is also important to designate a successor agent.

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Conservatorship

Power of attorney and conservatorship are legal documents granting another person the authority to make financial and healthcare decisions on another's behalf. They enable the person to accomplish tasks on behalf of a mentally incapable individual, manage their property, and make end-of-life care decisions. A power of attorney may be revocable or irrevocable. It is important to discuss these documents with a lawyer before making any decisions.

Conservatorship is legal processes that can help an older adult avoid costly medical expenses and unnecessary hospitalization. It also helps protect them from financial or legal issues if they become incapable of making their own decisions. A conservatorship can be petitioned by a family member, friend, or anyone else who is interested in an individual's life and property. The conservatorship can also be requested by an individual themselves if they are unable to manage their own affairs.

Power of Attorney

A Power of Attorney (POA) is a legal document that allows someone else to act on a person's behalf when they are unable to. These documents can be prepared in various ways. Most states provide free downloadable forms for power of attorney documents. You can consult with a lawyer if you need assistance in completing these forms.

Regardless of whether the person is mentally competent or not, they need to have a legal document in place to make important decisions for them. If they cannot make decisions on their own, the courts may appoint a guardian.

Differences Between Them

Power of attorney and conservatorships are two different forms of legal authority. A power of attorney is created by a competent person who specifies the scope of authority and the circumstances under which it can be activated. For example, a financial power of attorney specifies the person who will handle the person's financial affairs. The power of attorney can be broad or limited in scope.

A conservatorship is needed when an individual is no longer able to make their own decisions or is mentally incapable of making them. A conservator must show that the ward poses a serious threat to themselves or others. This is defined under specific legal guidelines. Individuals with severe mental illness or dementia may be deemed legally incompetent if they are unable to understand their actions. This standard is not based on appearances, as some individuals may be able to make their own decisions.

Contact Affordable and Express Legal Assistance at (408) 247-5005 for help preparing a power of attorney and Conservatorship legal documents.