As adults age, they may reach a point where they need help managing medical decisions, financial matters, or daily responsibilities. Families often struggle to determine whether a conservatorship or a power of attorney is the right solution. While both tools allow someone to step in and assist, they operate very differently under California law. Understanding the distinctions helps families choose the most appropriate path for their loved one.
What Is a Power of Attorney?
A power of attorney is a voluntary legal document in which an individual (called the principal) appoints another person (called the agent) to make decisions on their behalf. Powers of attorney may be specific or broad, depending on the principal’s needs. A healthcare power of attorney authorizes medical decisions, while a financial power of attorney covers asset management, bill payments, and legal or financial transactions. This tool is often used when a person still has the mental capacity to make decisions but wants a trusted individual to help manage responsibilities.
What Is a Conservatorship?
A conservatorship is a court-ordered arrangement for individuals who no longer have the ability to make decisions for themselves. A conservator is appointed by a judge to manage the person’s healthcare, finances, or both. Conservatorships are typically used when a person is severely impaired due to illness, advanced age, dementia, or disability. Because conservatorships take away some individual rights, they require court oversight, regular reporting, and strict compliance with California’s probate laws.
When to Use a Power of Attorney
A power of attorney is ideal when the aging adult is still mentally capable but wants support. It offers flexibility, privacy, and the ability to choose one’s own agent. Powers of attorney are commonly used for managing bank accounts, signing documents, making healthcare decisions, or handling legal matters. They can remain effective even if the person later becomes incapacitated, as long as the document is drafted as a durable power of attorney.
When a Conservatorship May Be Necessary
A conservatorship is often needed when the individual can no longer understand or sign a power of attorney. This may occur in advanced dementia, severe cognitive impairment, or sudden medical crisis. Families may notice unsafe behaviors, financial vulnerability, or an inability to manage daily tasks. If there is no valid power of attorney in place, a conservatorship becomes the legal route for taking over decision-making authority.
Key Differences Between the Two
The main distinctions include:
• Powers of attorney are voluntary, while conservatorships involve court intervention
• A power of attorney is created when the person still has capacity
• Conservatorships require ongoing court supervision
• Powers of attorney preserve more independence
• Conservatorships provide stronger protection for vulnerable adults
Understanding these differences helps families choose the least restrictive option that still safeguards their loved one.
How SBEMP Can Help
Whether your family needs help drafting a power of attorney or navigating the conservatorship process, SBEMP provides clear guidance on California elder law. Our attorneys help protect vulnerable loved ones while ensuring legal decisions align with their best interests and dignity.
Have any legal questions? Contact the Attorneys at SBEMP Law Firm:
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.