Keyword Analysis & Research: petition court for conservatorship

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Frequently Asked Questions

Does conservatorship override power of attorney?

A power of attorney overrides a conservatorship, except that when there is conflict between an agent under power of attorney and a conservator, the conservator can ask the court to specifically rule that the POA has no further force and effect.

What is the process of conservatorship?

The conservatorship process begins when someone proposes to the court that he or she should be appointed conservator over a proposed conservatee. This "proposal" is officially known as a petition for conservatorship.

Does a conservator have the legal?

A conservator has legal authority only over those aspects of a conservatee's life to which the court gives them the conservatorship. For example, the conservator of an estate manages the conservatee's property and financial affairs and makes decisions regarding the conservatee's assets.

What is the difference between conservatorship and guardianship?

The most important difference between a power of attorney and a person with conservatorship or guardianship is that an elder appoints his or her power of attorney whereas a court proceeding is required to appoint a conservator or guardian; however, all are a fiduciary with essentially the same authority to make financial decisions.

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