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A question about conservatorship

San Diego, CA |

Durable POA for Financial & a Healthcare Directive POA. was granted me by my mother 03/2008 when she was ill, she became well enough to live independently a few months later, revoked it in writing to her bank. She is now in a Skilled nursing facility after a stroke. Her Doctor declared her 'not competent to manage her own affairs" Healthcare POA does carry the weight I need to help on the medical side, The Financial does not, her retirement annuity comes from a Federal Agency recognizing the poa. And the bank does not recognize it now, both institution suggest I seek conservatorship. Can I petition for Conservator of estate and continue with the health care poa as is? To keep it simple. thankyou for any input the daught

Attorney Answers 2


Yes, you should be able to limit the conservatorship to the estate/finances of your mother. However, as long as you are doing that, you may want to consider obtaining guardianship of her person in the same process. It is great that her Healthcare Power of Attorney is meeting your needs today, and likely that it will continue to do so in the future, but nothing is guaranteed. I would speak to a qualified estate planning attorney about the specifics of your situation to ensure you get everything you might need done properly.

All the best,


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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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I am pleased to see my colleague, Ms. Hammond shares my views. As I stated elsewhere, you certainly can petition to become Conservator of your mother's Estate and not of her person.

However, if it's necessary to file a petition to become Conservator of the Estate I'd recommend you consider being named Conservator of the Person as well. You can do both in the same Petition, and will then avoid having to do it as a separate petition later on if you wind up needing a power that is not included in the Advance Health Care Directive. This would require no additional outlay and in the meantime will not override your agency power under the AHCD.

Consult with a local estate planning/probate attorney in the County where your mother resides for more information.

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