What’s the difference between a Power of Attorney and a Conservatorship?
- David Greene
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As I stated in my last blog these are two legal powers that accomplish the same purpose in two completely different ways. I discussed the Power of Attorney in my last blog and will cover the Conservatorship in this blog. A Conservatorship is granted to someone as a result of a hearing in the Probate Court. The conservator is appointed by the judge 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 or anyone who cannot handle his own affairs and has no Power of Attorney. The conservator has to report to 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.