Understanding the Fundamental Differences Between A Power Of Attorney And A Conservatorship by Los Angeles Conservatorship Attorney, Mina Sirkin
What are the differences between a Power of Attorney documents and a Conservatorship in California? When an attorney is evaluating a case to determine if a power of attorney is suitable vs. a conservatorship, there are several factors which she/he considers as follows:
POWER OF ATTORNEY:
- A power of attorney is usually revocable.
- A power of attorney does not prevent the principal from acting.
- The principal must have capacity when executing the power of attorney.
- A power of attorney can be suspended by the court.
CONSERVATORSHIP:
1. Conservatorships are not revocable by the Conservatee. They can be terminated by a judge with a court order. The conservatee may request his/her court appointed attorney to file a petition to terminate the conservatorship.
2. A Conservatorship order can be used to prevent the Conservatee from taking certain types of actions, such preventing the Conservatee from contracting or transferring property.
3. The Conservatee need not have capacity when a conservatorship is established. If the Conservatee has sufficient capacity, he or she may nominate a conservator. If the Conservatee does not have capacity a Conservator is proposed to the court with a petition, by another person.
4. A Conservator’s powers can be suspended by the court, but not by the conservatee.
One of the first steps to determine the appropriateness of a power of attorney vs. a conservatorship is to have a capacity declaration completed by a doctor.
Mina Sirkin is an expert conservatorship attorney in Los Angeles, and Woodland Hills California. Board Certified Specialist in Probate, Estate Planning and Trust Law. When you are concerned about a conservatorship, or the legal capacity of a family member, or need a conservatorship referral, contact our Woodland Hills conservatorship counsel. Email: Info@SirkinLaw.com or by telephone at 818.340.4479.