A Power of Attorney is a legal document that allows a person to name another person to act on his behalf. You have to have capacity to execute the document, but it is less expensive and less complicated than a Conservatorship.
A Conservatorship requires going to court to have a person made a ward of the Court because he is unable to manage his own affairs. It can be expensive and time-consuming, especially if the Conservatorship is challenged. Once someone is named as Conservator for another person, the Conservator must stay in regular contact with the Court through regular accountings and updates. Also, if there is any major decision affecting the ward, then the Conservator often must seek Court pre-approval.
You need to speak to a good elder law or special needs attorney in your area.
This advice is for general purposes only and does not establish an attorney-client relationship. Your situation is complex, and nothing you are going to learn online can possible address your needs sufficiently. You should seek counsel from a licensed attorney in your area before you take any actions.
A POA is a legal document signed by a competent person signed to give someone the power to act in their behalf without a court order.
A conservatorship is a court order giving someone approved by the court to make decisions for another person.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Mr. Toy and Mr. Pippen lay it out for you. You can find on AVVO lawyers in your area who handle conservatorships and guardianships. Usually you can get a free initial consultation. Be well organized, get straight to the essential circumstances, and you can get a tentative strategy in a short time.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
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