Conservatorship vs. Power of Attorney in California: What’s the Best Fit?
When planning for the future or caring for a loved one, families often ask: What’s the difference between a conservatorship and a power of attorney in California? While both options allow someone to make decisions on behalf of another person, they differ greatly in how they are created, when they are used, and the level of court involvement required.
At M.S. Domingo Law Group, P.C., our Walnut Creek conservatorship and estate planning attorneys help clients choose the best legal tool for their situation—balancing protection, dignity, and peace of mind.
What Is a Power of Attorney?
A durable power of attorney (DPOA) is a legal document that allows someone (the “agent” or “attorney-in-fact”) to manage another person’s financial or legal affairs.
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Created voluntarily: The person must be competent at the time of signing.
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Types available: A financial power of attorney covers money matters; a health care directive (sometimes called a medical power of attorney) covers medical decisions.
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No court oversight: Powers of attorney are private arrangements and do not require court involvement.
Best fit: A power of attorney is ideal for individuals who want to plan ahead and choose someone they trust to act for them if they later become incapacitated.
What Is a Conservatorship?
A conservatorship in California is a court-ordered arrangement where a judge appoints a “conservator” to make decisions for an adult who can no longer manage personal or financial affairs due to incapacity, illness, or disability.
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Court-supervised: Conservatorships require filing a petition, court investigation, and approval by a judge.
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Reactive, not proactive: They are often sought when no power of attorney exists and a person is already incapacitated.
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Types of conservatorship:
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Conservatorship of the Person: for health care, daily living, and personal decisions.
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Conservatorship of the Estate: for managing money, property, and financial affairs.
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Best fit: Conservatorship is necessary when no prior planning documents exist and urgent legal authority is required to protect someone’s well-being or finances.
Key Differences Between Conservatorship and Power of Attorney
| Feature | Power of Attorney | Conservatorship |
|---|---|---|
| How it begins | Signed voluntarily by a competent person | Court-ordered when someone is already incapacitated |
| Court involvement | None | Required, with ongoing oversight |
| Timing | Planned in advance | Established when no plan exists |
| Flexibility | Can be revoked or updated while person has capacity | Can only be changed or ended by court order |
Which Is Right for You?
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If you’re planning ahead: A durable power of attorney is almost always the better choice. It’s faster, less costly, and allows you to select your trusted decision-maker.
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If you’re in crisis: When a loved one is already incapacitated and vulnerable, a conservatorship may be necessary to ensure their safety and financial security.
Why Work With a Walnut Creek Conservatorship and Estate Planning Attorney
Choosing between a conservatorship and a power of attorney in California can feel overwhelming. At M.S. Domingo Law Group, P.C., we provide clear guidance and compassionate representation—helping you protect your loved ones while respecting their dignity and rights.
Contact M.S. Domingo Law Group, P.C.
If you’re unsure whether a conservatorship or power of attorney is right for your situation, contact our Walnut Creek conservatorship lawyers today. We will review your options, explain the California legal process, and help you make the best decision for your family.