What is differenct between conservatorship and power of attorney?

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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 11 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.


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