What is the difference between a Power of Attorney and a Conservatorship? Part 2

As I stated last week these are two legal powers that, in many instances, accomplish the same purpose in two completely different ways.  I discussed the Power of Attorney last week and will cover the Conservatorship today.  A person who wants to oversee the affairs of a Protected Person (i.e. one who cannot handle his own affairs because he is incapacitated due to mental illness, severe illness by accident or otherwise) must file a petition in the Probate Court and ask to be appointed by the judge as the Protected Person’s Conservator.  Usually this is a family member but can be unrelated to the Protected Person.  A Conservatorship is necessary for anyone who cannot handle his own affairs and has no Power of Attorney. A valid Power of Attorney will eliminate the need for a Conservator. The conservator has to file an accounting report with the Court at least annually and the only way the conservator can be dismissed is by the judge.  It is an involuntary proceeding whereas the Power of Attorney is a voluntary decision.