How is a Power of Attorney different from a conservatorship?
A. An attorney-in-fact under a Power of Attorney and a conservator perform many of the same functions. However, the Power of Attorney is granted by an individual while he or she is still able to do so. Once an individual becomes mentally incapacitated, it is not possible to execute a Power of Attorney and therefore, the only alternative is to have a conservator appointed by the Court. The conservator will be supervised by the Court; there is no court supervision of an attorney-in-fact under a Power of Attorney. Because a Power of Attorney is the least restrictive alternative, less costly and less public, it is preferable to plan ahead and execute a Power of Attorney if you have someone whom you can trust with your financial affairs.
