Planning for a loved one’s future is a big responsibility, and it often comes with tough choices. Ensuring their health, finances, or daily care can feel overwhelming—especially when navigating complex legal options.
If you’re in Los Angeles, you might be wondering if a conservatorship or a power of attorney (POA) is the right choice. Understanding the differences between these options isn’t always straightforward. Without clear guidance, the process can feel daunting, and the fear of making the wrong choice can be stressful.
Both options allow someone to help manage a person’s affairs, but they work in different ways. This guide will explain how each works, when to use them, and what makes them different.
Understanding Conservatorship
A conservatorship is a court-supervised arrangement that gives one person (the conservator) the legal authority to manage the personal or financial affairs of a person(the conservatee) who can no longer make decisions for themselves. This is often needed when someone becomes incapacitated due to illness, injury, or disability.
A conservatorship can feel like a big responsibility, but it’s designed to provide peace of mind. It offers a clear and structured way to protect loved ones who can’t speak up for themselves. Whether it’s managing their finances or making important healthcare decisions, a conservatorship ensures they are cared for and protected from harm.
Types of Conservatorships in California
California offers several types of conservatorships, each designed for specific situations:
- General Conservatorship: For adults unable to manage their personal or financial affairs due to physical or mental limitations.
- Limited Conservatorship: For adults with developmental disabilities. This provides help only where it is needed, allowing the person to keep some independence.
- LPS Conservatorship: For people with serious mental health issues. This type of conservatorship often involves treatment in a care facility.
Key Features of Conservatorship
- Court Involvement
A conservatorship requires filing a petition with the court, presenting evidence of incapacity, and attending hearings. The court also must approve the conservator and oversee their decisions. - Public Oversight
Conservatorship proceedings are part of the public record. While this transparency helps prevent abuse, it can feel invasive for families who value privacy. - Protective Mechanisms
The court makes sure the conservatee is safe and their affairs are handled properly. This built-in accountability provides peace of mind in situations where financial or personal vulnerabilities are a concern.
Conservatorship is usually needed when:
- A person is unable to manage their own care or finances.
- There is no power of attorney in place.
Visit our Conservatorships page or contact us directly to schedule a consultation.
Understanding Power of Attorney (POA)
A power of attorney (POA) is a private legal document that allows an individual (the principal) to appoint someone they trust (the agent) to act on their behalf. It is typically set up while the principal is still capable of making decisions.
POAs are simple, affordable, and let families skip the court process. However, they depend entirely on choosing a trustworthy and capable agent.
Types of Power of Attorney in California
California law recognizes several types of POAs:
- General Power of Attorney: Allows the agent to handle many types of financial and legal tasks.
- Durable Power of Attorney: Remains valid even if the principal becomes incapacitated.
- Medical Power of Attorney: Gives the agent the power to make healthcare decisions.
- Springing Power of Attorney: Only becomes active when a specific event, like incapacity, happens.
Key Differences Between Conservatorship and Power of Attorney
| Conservatorship | Power of Attorney | |
| How It Starts | Requires court approval | Set up privately |
| Control | Managed by the court | Managed by the principal |
| Incapacity | Requires proof of incapacity | Can be created in advance |
| Cost | Expensive with court fees | Affordable |
| Privacy | Public process | Private arrangement |
How The Legacy Lawyers Can Help
At The Legacy Lawyers, we’ve helped countless Los Angeles families navigate these critical decisions with confidence and compassion.
We specialize in California conservatorships and estate planning, offering a proven track record of success. Our team provides compassionate, personalized guidance to meet your family’s unique needs and ensure peace of mind.
See how we’ve helped families like yours by reading their stories on our Testimonials page.
Protect Your Loved One’s Future with Confidence
Planning for a loved one’s future can be hard, but making informed decisions brings peace of mind. Whether you need the structure of a conservatorship or the flexibility of a POA, it’s important to act now to protect their well-being.
At The Legacy Lawyers, we’re here to guide you through this journey. Contact us today to schedule a consultation and secure your loved one’s future.
Your loved one deserves the best care possible—and we’re here to help you make it happen.