Legal Question in Elder Law in California

Re: conservativeship

A power of attorney is a private contract or agreement. The power of attorney grants his or her 'agent' or 'attorney-in-fact' certain powers to act. The most common power of attorney in estate planning is a 'springing' power of attorney, such that the agent only has the powers when the principal (or person signing the power of attorney) becomes incompetent or incapacitated.

A conservatorship is a court proceeding where the court appoints a 'manager' (or conservator) to control the affairs of an incompetent or dependent adult. It is similar to a guardianship, except that it is used for adults (whereas guardianships are for minors).

A conservator and an 'agent' or attorney-in-fact frequently have similar powers, but it depends on the court order (for a conservatorship) or the contract (for a power of attorney).