Elder Law

Power of Attorney Services

Financial and health care powers of attorney are documents that let you name someone else to act on your behalf. Suppose you have both a health care power of attorney and financial power of attorney. In that case, the court will not appoint an administrator or executor for your estate.

Ideally, you have already thought about what your family and friends should do if you become incapacitated and unable to make decisions independently. A power of attorney is an essential tool to ensure that your family or friends can make decisions in your interest. Because powers of attorney are vital legal documents, you should create them with care and treat them as confidential.

What is a Conservatorship?

Suppose a person cannot make or communicate decisions about their person, property, or finances. In that case, the person may need a conservator to handle such things. In some cases, it is necessary to have a guardian for the same purpose (i.e., in the case of an incapacitated adult), and many times both are needed by one individual: The guardian makes medical, housing, and personal care decisions on behalf of an incapacitated adult for their own health and well-being, while a conservator handles financial matters.

The need for a conservatorship can become very apparent when an elderly or infirm person cannot care for their person, property, and financial affairs. A conservator can be appointed to manage those affairs, but only if the person has become incapacitated. In this article, the difference between the two, as well as how they work together, will be explored.