One of the most challenging aspects of estate planning is dealing with an incapacitated person. You are very close to your loved ones and want to make sure they are taken care of properly. You might be considering either a conservatorship or a power of attorney if you are new to California law. How are they different?
They Have a Lot of Things in Common
A conservator and an agent (appointed by power of attorney) share the same responsibility: making decisions for another person. Their authority may be very limited or very wide, depending on the nature and scope of the conservatorship or power of attorney. Their authority can be limited or broad, depending on the nature of the conservatorship or power of attorney. They may also have intimate personal needs and financial matters.
Who Made the Request?
Although the roles overlap, a conservatorship is different from a power of attorney. This is because the subject of the authority may be asking for it. The individual can execute a power of attorney when they can make their own decisions. The person chooses their agent and decides what decisions they are allowed to make. They also determine when they can make them.
In contrast, a conservatorship is where someone else requests to have a conservator appointed. The court decides who and what the conservator is authorized to do.
A power of attorney can be combined with a conservator of attorney and can then be revoked at a later time. Based on the power of attorney, the court will decide if a conservatorship is required. A conservatorship could be used in conjunction with or in place of a power of attorney.
This article was written by Alla Tenina. Alla is one of the best tax attorneys in Los Angeles California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. Visit www.teninalaw.com for more information. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other