What should I do if my mom gave me POA for herself, her estate and medical matters but she is now in a long term facility and they want me to get a conservatorship?

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What should I do if my mom gave me POA for herself, her estate and medical matters but she is now in a long term facility and they want me to get a conservatorship?

Is this necessary? I thought with POA I would not need anything else. She is unable to make decisions on her own.

Asked on January 9, 2015 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A POA may give you a great deal of authority or power over her affairs and decisions--but it also may not; it depends on the terms of the POA, because you only have the power granted you by the POA--but it's different from a conservatorship. A conservator is not merely someone with authority or power to act for another person, but they (the conservator) is obligated to act in that person's best interests and is responsible to the courts for his/her actions. Sometimes, a conservator is appropriate. However, every case is different, and depends upon its own facts; you are advised to consult with an elder law attorney about your mother's situation and needs.


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