If the ward has given someone a durable power of attorney or created a revocable living trust is a conservatorship necessary?
In some instances, Durable Powers of Attorney and Living Trusts properly obtained may negate the need for a conservatorship. However, Durable Powers of Attorney obtained in the middle of the night from the incapacitated person or Revocable Living Trusts created at the request of family members are probably worthless. A Durable Power of Attorney given by an incapacitated person may be given to more than one person and may be given to someone who is less than honest. An agent acting under a Durable Power of Attorney is not subject to any accounting or reporting requirements, thus they have power with no obligation to report or be responsible. In addition, Durable Powers of Attorney are subject to revocation and may not be recognized by financial institutions.
