How can a potential conservatorship be avoided?
A Financial Durable Power of Attorney (DPA) can be used in some cases to help avoid issues with conservatorship. But a transfer agent (one who acts as a custodian over private accounts held in an institution such as a bank, etc.) is not under any legal requirement to transact with the agent appointed under the DPA. The reason is that a DPA is not a contract, only a valid statement. Because it is not in contract form, the transfer agent is taking a “risk” in agreeing to conform to the statement of the DPA.
