Power of Attorney vs. Conservatorship: What’s the Difference

When it comes to making decisions for those who cannot manage on their own, two primary legal tools come into play: conservatorship and power of attorney. Each serves a distinct purpose, involves different responsibilities, and is suitable for different circumstances.

Defining Conservatorship and Power of Attorney

Conservatorship is a court-appointed role where an individual is given responsibility for managing the personal and/or financial affairs of someone unable to do so themselves, usually due to incapacity. This process often involves oversight and regular reporting to the court, ensuring that the conservatee’s needs are prioritized and managed responsibly.

Power of Attorney (POA) is a legal document that allows one person (the agent) to make decisions on behalf of another (the principal). This can cover financial decisions, healthcare choices, or both, depending on how the POA is configured. Unlike conservatorship, power of attorney is typically established by the principal voluntarily and does not require court involvement.

Who Controls Decisions?

The fundamental difference between the two lies in who controls decisions and how that control is established:

• A conservator is appointed by a court and assumes control over the conservatee’s affairs. This appointment is often necessary when someone hasn’t designated a power of attorney and becomes incapacitated without prior legal preparations.
• In contrast, a power of attorney allows the principal to choose who will manage their affairs, thus offering more personal control. The principal has the flexibility to revoke the power if they decide to do so.

When Is Each Appropriate?

Deciding between a conservatorship and power of attorney depends on specific circumstances and needs:

• Conservatorship is generally appropriate when an individual has not pre-arranged their affairs and can no longer handle their own decisions. It offers a comprehensive solution but involves legal complexity and oversight.
• Power of Attorney is suitable for those wishing to plan ahead, offering flexibility, and is less intrusive. It empowers the principal to dictate decision-making authority while they are still capable of doing so.

Choosing the Right Path

Consulting with an experienced attorney can provide clarity and guidance in choosing between conservatorship and a power of attorney, ensuring that decisions align with legal and personal needs. Contact us today to determine the right path for you and your loved ones.