Power Of Attorney vs Conservatorship

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Power Of Attorney vs Conservatorship - Does Conservatorship Override Power Of Attorney - Conservatorship vs POA

What are the differences between power of attorney vs conservatorship

This article quickly covers:

  • power of attorney vs conservatorship
  • how to appoint conservatorship vs POA
  • when does conservatorship override the power of attorney

Let’s dig in. 

You don’t want to wrongfully lose assets that are rightfully yours. You also don’t want to risk being sued by creditors. You need an experienced power of attorney lawyer who can set up your POA properly.

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Power Of Attorney vs Conservatorship

Let’s compare power of attorney vs conservatorship

And what you can expect from a power of attorney vs conservatorship

What Is Power Of Attorney?

A power of attorney gives someone the power to act for another person. 

The person who gets to make decisions for you is the agent

The person who needs someone to make decisions for them is the principal. 

The agent can make decisions about:

  • property
  • finances
  • medical decisions

In the event of illness or disability, power of attorney can sign financial documents. 

Related: What If The Executor Does Not Probate The Will

What Is A Conservatorship?

A conservatorship is a form of legal guardianship of an adult. 

A conservatorship gives someone legal authority over various aspects of someone’s life. 

Conservatorship gest granted when the person becomes incapacitated

This gets ordered when there is mental incapacitation. 

But hardly ever if there is only physical incapacity. 

Incapacitation needs to get determined by a doctor before the judge grants conservatorship. 

Conservatorship gest appointed by the courts via a court order. 

Meaning a judge appoints a conservatorship.

A conservatorship is responsible for the care and finances of the person they are taking care of. 

A financial conservatorship means that you make sure that the conservatee’s:

  • bills are paid
  • taxes get filed
  • investments are managed properly

A conservator has a fiduciary responsibility to act in the conservatee’s best interest. 

A conservator has to keep detailed records of all decisions being made. 

And they have to present those decisions to the court. 

Related: What An Executor Cannot Do

Power Of Attorney vs Conservatorship

A conservatorship is similar to a power of attorney. 

Both empower the agent to make decisions for someone else about:

  • finances
  • legal
  • medical situations

 But there are differences between power of attorney vs conservatorship. 

Difference Between Power Of Attorney vs Conservatorship

The difference between power of attorney vs conservatorship is how the agent gets appointed. 

A power of attorney gets appointed by the individual. 

The principal can choose when the power of attorney goes into effect.

And they can choose what decision-making authority the agent has.

But a conservatorship gets appointed by the probate courts

And the principal has no say in what authority the conservatorship has. 

Related: Consequences Of Not Probating A Will

Conservatorship vs POA

A conservator’s authority is more expansive than a power of attorney’s. 

Conservatorship gets appointed via a court order. 

This means that even third parties have to recognize their authority. 

But the conservator’s decisions are subject to the court’s approval. 

For a conservatorship vs POA, the power of attorney offers the principal more: 

  • flexibility
  • control
  • privacy

For power of attorney vs conservatorship, the POA costs the principal a lot less. 

That’s because conservatorship comes with court fees. 

Related: Difference Between Executor and Trustee

Does Conservatorship Override Power Of Attorney?

Conservatorship overrides a power of attorney because conservatorship is a court order. 

Conservatorship overrides a financial power of attorney if there is a conservator

But if there is not a conservator, the conservatorship does not override the financial power of attorney. 

Summary Of Power Of Attorney vs Conservatorship

In short, a power of attorney is the same thing as conservatorship. 

The only difference in power of attorney vs conservatorship is how the agent gets appointed. 

Conservatorship gest appointed by the courts with a court order. 

Power of attorney gets appointed by the principal with a power of attorney. 

How To Get A Power Of Attorney

If you want a reliable, attorney-created power of attorney, fill out the form below.

Our experienced attorneys will create your power of attorney, which means:

  • you can make sure your POA abides by the laws
  • you have confidence you have the correct power of attorney set up
  • you don’t have to hire a notary to show up to the signing
  • you don’t have to find witnesses to show up at the signing
  • you get FREE revisions for 30 days

Fill out the form below and we will reach out and get the ball rolling.

Talk soon.

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