What is differenct between conservatorship and power of attorney?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What is differenct between conservatorship and power of attorney?

My father has Alzheimer’s is in a nursing home; I ive in another state. Is it possible to obtain a power of attorney since my father is mentally incompetent? Also, I believe my father and his girlfriend have a joint checking account. Would she win in court if she decided to file for conservatorship? What legal grounds do I have as next of kin (blood relative).

Asked on July 2, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The differences in the document do not matter much now becuase of your father's state. A Power of Attorney is something that your Father would sign in order to give you the right to act on his behalf.  That would have been an option before he had alzheimers.  Now that he has the disease he would not be competant to sign the paperwork.  So you would have to apply to the court to declare him incompetant and ask them to appoint you as the conservator.of his estate and his legal guardian to act on his behalf. You would have the most likely chence to be appointed over his girlfriend absent a showing that you and your father are maybe estranged.  And act quickly because she can empty that account.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption