What Is the Difference Between a Durable Power of Attorney and a Conservatorship/Guardianship?
The main difference is your ability to decide who is in control when you are incapacitated. With a durable power of attorney, you choose the person you want to take over your affairs and act for you. A durable power of attorney grants the person you choose the power to act on your behalf on a range of issues determined by you. The person you choose is called your attorney in fact and he/she does not have to wait for you to be declared incapacitated before he/she can act under the durable power of attorney. A guardian is charged with caring for both your person and property; a conservator is responsible only for your property and money. A conservator and guardian are both appointed by the Court and these appointments involve a court hearing to determine incapacity. A lawyer is usually appointed by the court to represent and safeguard your interests. The hearing will involve medical and/or mental professionals who will evaluate you and report to the court.
