Power of Attorney vs. Conservatorship in California: Which Does Your Family Need?

The Critical Timing Question

Every family dreading this moment: your parent is struggling. They're forgetting to pay bills. They've fallen for a phone scam. Their health is declining and they can't manage medications. You know something needs to be done—but what?

The answer depends on one pivotal question: Can your loved one still understand and voluntarily sign legal documents?

• If YES: A power of attorney is the clear choice—faster, cheaper, private, and far less disruptive.
• If NO: A conservatorship may be your only legal option—and every day of delay puts your loved one at greater risk.

This distinction matters more than most families realize. I've seen families spend $15,000+ on a conservatorship that could have been avoided with a $500 power of attorney signed six months earlier.

As a Glendale estate planning and conservatorship attorney who handles both powers of attorney and conservatorship cases throughout Los Angeles and Santa Barbara Counties, I help families determine which option—or combination of options—best protects their loved one. This guide explains everything you need to know.

Power of Attorney: The Voluntary Approach

What Is a Power of Attorney?

A power of attorney (POA) is a legal document where one person (the "principal") authorizes another person (the "agent" or "attorney-in-fact") to act on their behalf. It's a private, voluntary arrangement that requires no court involvement.

Types of Powers of Attorney in California

Type	When It Takes Effect	Survives Incapacity?	Best For
Durable Power of Attorney for Finances	Immediately upon signing	Yes (that's what "durable" means)	Managing finances, property, investments
Springing Power of Attorney	Only upon incapacity (physician certification)	Yes (designed for this)	People who want agent authority only if needed
Advance Health Care Directive	Upon incapacity or when patient can't communicate	Yes	Medical decisions, end-of-life care, HIPAA access
Limited Power of Attorney	As specified in the document	Depends on language	Specific transactions (selling a property, managing one account)
General Power of Attorney	Immediately upon signing	No (terminates at incapacity)	Temporary business matters while traveling

What a Financial Power of Attorney Can Do

Your agent can handle virtually any financial matter on your behalf:

• Banking: Access accounts, pay bills, write checks, manage deposits
• Real estate: Buy, sell, lease, or manage property
• Investments: Manage brokerage accounts, make investment decisions
• Insurance: File claims, change beneficiaries, manage policies
• Taxes: Prepare and file returns, communicate with IRS/FTB
• Business: Manage business operations, sign contracts
• Government benefits: Apply for Social Security, Medicare, Medi-Cal
• Legal matters: Hire attorneys, settle claims (within limits)
• Digital assets: Access online accounts, manage cryptocurrency (with proper language)

What a Power of Attorney CANNOT Do

Even the broadest power of attorney has limits:

• Cannot override the principal's wishes while the principal is competent
• Cannot make a will for the principal
• Cannot vote on behalf of the principal
• Cannot force the principal into a care facility against their wishes
• Cannot make decisions after the principal's death (authority ends at death)
• Cannot act contrary to the principal's known wishes or best interests

Advance Health Care Directive: The Medical Side

California's Advance Health Care Directive (Probate Code §4700-4701) combines:

1. Health care power of attorney — Names an agent to make medical decisions
2. Living will — States your wishes about life-sustaining treatment
3. HIPAA authorization — Allows your agent to access medical records

Your health care agent can:

• Consent to or refuse medical treatment
• Choose doctors and health care providers
• Access your medical records
• Decide about pain management
• Make end-of-life treatment decisions
• Authorize organ donation
• Arrange care facility placement (if you can't object)

Requirements:

• Must be signed while you have capacity
• Requires either notarization or two witnesses
• Witnesses cannot be your health care provider, their employee, or the agent named

Conservatorship: The Court-Supervised Approach

What Is a Conservatorship?

A conservatorship is a court proceeding where a judge appoints a conservator to manage the personal care, finances, or both for an adult (conservatee) who cannot care for themselves. Unlike a power of attorney, a conservatorship is imposed by the court, not voluntarily granted. For a deeper look at the full process, see our California Conservatorship Guide.

Types of Conservatorships in California

Type	Purpose	Authority	Duration
Conservatorship of the Person	Personal care decisions	Health care, living arrangements, daily care	Until terminated or death
Conservatorship of the Estate	Financial management	All financial matters, property, assets	Until terminated or death
Limited Conservatorship	Developmentally disabled adults	Specific limited powers only	Usually ongoing
Temporary Conservatorship	Emergency situations	Emergency powers only	30-60 days
LPS Conservatorship	Grave disability (mental health)	Involuntary treatment	1 year, renewable

When Conservatorship Is Necessary

A conservatorship is typically the only option when:

1. The person lacks capacity to sign a power of attorney — They have advanced dementia, severe cognitive impairment, or are unconscious
2. The person refuses to sign a power of attorney — They don't recognize their impairment and resist help
3. The person is being financially exploited — A court order is needed to protect them from abusers, including family members
4. The person's agent under a POA is abusing their authority — The court can revoke the POA and appoint a conservator
5. The person needs to be placed in a care facility against their wishes — Only a court can authorize involuntary placement
6. No valid power of attorney exists and the person is now incapacitated

The Conservatorship Process: Step by Step

Step 1: Petition (Week 1)

• File petition with Superior Court (probate division)
• Identify proposed conservatee, proposed conservator, and reasons
• Pay filing fee ($465 as of 2026)

Step 2: Investigation (Weeks 2-6)

• Court investigator visits the proposed conservatee
• Investigator interviews the proposed conservatee privately
• Investigator prepares report and recommendation for judge
• Proposed conservatee receives notice and can object

Step 3: Notice (Weeks 2-4)

• Personal service on the proposed conservatee
• Notice mailed to all relatives within specified degrees
• Notice to Director of Public Health (if conservatorship of person)
• Notice to Veterans Affairs (if applicable)

Step 4: Hearing (Weeks 6-12)

• Judge reviews petition, investigation report, and any objections
• Proposed conservatee has right to attend (and right to their own attorney)
• Judge determines capacity and necessity
• If approved, Letters of Conservatorship issued

Step 5: Bond and Inventory (Weeks 12-16)

• Conservator posts bond (if estate conservatorship)
• File inventory and appraisal of all assets within 90 days
• Set up conservatorship bank accounts
• Begin managing affairs

Step 6: Ongoing Duties (Annual)

• Annual accounting filed with court
• Annual report on conservatee's condition
• Court review and approval
• Periodic court investigator visits

Head-to-Head Comparison

Cost Comparison

Factor	Power of Attorney	Conservatorship
Setup cost	$300–$800 (as part of estate plan)	$3,000–$10,000+
Court filing fees	None	$465
Court investigator	None	$750+
Bond	None	$500–$5,000/year
Annual accounting	None required	$2,000–$5,000/year
Ongoing attorney fees	None (unless disputes)	$1,000–$5,000/year
5-year total cost	$300–$800	$15,000–$35,000+

Authority Comparison

Authority	Power of Attorney	Conservatorship
Financial management	Yes (DPOA for finances)	Yes (estate conservatorship)
Medical decisions	Yes (AHCD)	Yes (person conservatorship)
Sell real estate	Yes	Yes (with court approval)
Move person to care facility	Only if person agrees or can't object	Yes (even over objection)
Override person's current wishes	No	Yes (if court approves)
Control person's living situation	No	Yes
Access bank accounts	Yes	Yes
File taxes	Yes	Yes
Make gifts	Yes (if authorized in POA)	Only with court approval
Manage investments	Yes	Yes (with restrictions)

Timeline Comparison

Phase	Power of Attorney	Conservatorship
Preparation	1–2 weeks	2–4 weeks
Execution/filing	Same day (signing)	Day of filing
Effective date	Immediately (or upon incapacity for springing POA)	6–16 weeks after filing
Third-party acceptance	Usually 1–2 weeks for banks	Immediate upon Letters issuance
Emergency situations	Cannot be created in emergency if person lacks capacity	Temporary conservatorship: 5–15 days

When to Choose a Power of Attorney

A power of attorney is the right choice when:

The Person Is Still Competent

• They understand what a power of attorney is
• They can voluntarily choose their agent
• They comprehend the powers they're granting
• They aren't being coerced or unduly influenced

You're Planning Proactively

• Part of a comprehensive estate plan (trust + POA + AHCD)
• Before a health crisis occurs
• While there's time to discuss wishes and preferences
• When the person is in their 50s, 60s, or 70s—not waiting until problems arise

Privacy Matters

• Power of attorney is a private document (not filed with the court)
• No public record of the arrangement
• No court investigators visiting your parent
• No public hearings about your family's situation

Cost Is a Concern

• One-time cost of $300–$800
• No ongoing court fees or accounting requirements
• No bond required
• No annual attorney fees for court filings

When Conservatorship Is the Only Option

The Person Has Already Lost Capacity

This is the most common scenario. By the time families realize help is needed, the person can no longer sign documents. Signs include:

• Advanced dementia or Alzheimer's with significant cognitive decline
• Severe mental illness preventing rational decision-making
• Brain injury or stroke causing permanent impairment
• Coma or persistent unconsciousness

The Person Is Being Exploited

Court intervention is needed when:

• A family member or caregiver is stealing assets
• The person is being manipulated into signing documents
• A predator has isolated the person from family
• Financial abuse is ongoing despite other interventions

The Person Refuses Help

When someone clearly needs help but refuses:

• "I'm fine" despite evidence of self-neglect
• Hoarding creating safety hazards
• Refusing necessary medical treatment
• Consistently falling victim to scams but refusing protections

The Existing POA Is Being Abused

When the agent under a power of attorney is:

• Stealing from the principal
• Making decisions that harm the principal
• Refusing to account for spending
• Ignoring the principal's wishes or best interests

Combining Both: The Comprehensive Approach

The best incapacity plan uses both tools:

The Ideal Estate Planning Package

1. Revocable Living Trust — Manages assets, avoids probate
2. Durable Power of Attorney for Finances — Covers financial matters not in the trust, handles day-to-day banking
3. Advance Health Care Directive — Medical decisions, end-of-life wishes, HIPAA authorization
4. Pour-Over Will — Catches any assets not in the trust
5. HIPAA Authorization — Separate authorization for specific family members

Why You Need Both a Trust AND a Power of Attorney

A common misconception: "I have a trust, so I don't need a power of attorney."

Wrong. A trust only controls assets titled in the trust's name. Your agent under a power of attorney handles:

• Bank accounts not in the trust
• Filing your tax returns
• Applying for government benefits
• Managing insurance claims
• Handling legal matters
• Dealing with the IRS or FTB
• Everyday financial transactions

How They Work Together

Situation	Who Handles It?
Selling trust property	Successor trustee (trust)
Paying utility bills from personal checking	Agent (POA)
Filing income tax returns	Agent (POA)
Managing trust investments	Successor trustee (trust)
Applying for Medi-Cal	Agent (POA)
Making medical decisions	Agent (AHCD)
Transferring forgotten assets into trust	Agent (POA)

Choosing the Right Agent or Conservator

Selecting a POA Agent

Choose someone who is:

• Trustworthy — They'll have access to all your finances
• Organized — They'll manage complex financial matters
• Available — They must be able to act when needed
• Willing — They understand and accept the responsibility
• Local or able to travel — Banks and institutions may require in-person visits

Best practices:

• Name a primary agent and at least one alternate
• Discuss your wishes and expectations in advance
• Provide them with copies of the POA document
• Consider co-agents only if they can work well together (co-agents can create deadlock)

Petitioning to Be Conservator

Courts consider:

• Relationship to the proposed conservatee (spouse, child, sibling preferred)
• Ability to handle the responsibilities
• Proximity to the conservatee
• Any conflicts of interest
• The conservatee's preference (if they can express one)
• Background check (criminal history, credit history)

Priority order under California law:

1. Spouse or domestic partner
2. Adult child
3. Parent
4. Sibling
5. Any other person the court deems suitable
6. Professional fiduciary

Common Mistakes Families Make

Mistake 1: Waiting Too Long to Get a POA

By far the most expensive mistake. Every year, thousands of California families spend $10,000+ on conservatorships that could have been prevented by a $500 power of attorney signed months or years earlier.

Action: Get a durable power of attorney while your loved one is healthy and competent.

Mistake 2: Using Free Online Forms

Generic power of attorney forms often:

• Lack durable language (making them useless at incapacity)
• Don't include digital asset provisions
• Miss California-specific requirements
• Don't address HIPAA authorization
• Fail to include important powers (real estate, gifting, trust management)

Mistake 3: Not Having the Capacity Conversation

Many families avoid difficult conversations about incapacity until it's too late. By then, the person may lack capacity to sign documents.

How to start the conversation:

• Frame it as something everyone needs (not just elderly people)
• Share that you've done your own estate planning
• Focus on maintaining their control and preferences
• Emphasize that a POA protects them from conservatorship

Mistake 4: Confusing Medical and Financial Authority

A financial power of attorney does NOT give authority for medical decisions. An advance health care directive does NOT give authority for financial matters. You need both.

Mistake 5: Not Updating After Life Changes

Review and update your power of attorney after:

• Divorce (your ex may be named as agent)
• Death of your named agent
• Moving to a new state
• Significant changes in health
• Changes in financial situation
• Your agent becomes unable or unwilling to serve

Special Situations

Early-Stage Dementia: The Window Is Closing

If your loved one has been diagnosed with mild cognitive impairment or early-stage dementia, act immediately. They may still have capacity to sign a power of attorney, but this window closes as the disease progresses.

What to do:

1. Schedule an attorney consultation within days, not weeks
2. Have the person's doctor document their current capacity
3. Execute all documents (trust, POA, AHCD) together
4. Consider a capacity evaluation letter from their physician for the file

When the POA Agent and Family Disagree

If family members believe the agent is acting improperly:

• Request an accounting from the agent (Probate Code §4236)
• File a petition with the court for review
• The court can suspend or revoke the power of attorney
• The court can appoint a conservator if needed

Out-of-State Family Members

If the person needing help is in California but family is out of state:

• POA agent can act from out of state (but some transactions require presence)
• Conservator may need to be a California resident or bond may be higher
• Consider a professional fiduciary if no suitable local family member exists
• Video conferencing can supplement but not replace required court appearances

Frequently Asked Questions

What is the difference between a power of attorney and a conservatorship in California?

A power of attorney is a voluntary document signed by a competent person (the principal) authorizing someone else (the agent) to act on their behalf for financial or health care matters. It's private, inexpensive ($300–$800), and requires no court involvement. A conservatorship is a court-ordered arrangement where a judge appoints someone (the conservator) to make decisions for a person (the conservatee) who can no longer care for themselves. It requires filing a petition, a court investigation, a hearing, and costs $3,000–$10,000+ to establish plus ongoing annual fees. The fundamental difference is consent: a power of attorney requires the person's voluntary agreement while they are mentally competent, while a conservatorship is imposed by a court when the person can no longer make decisions for themselves.

Can I get a power of attorney for someone who already has dementia?

It depends on the severity of the dementia at the time of signing. A person must have legal mental capacity at the moment they sign a power of attorney—they must understand what the document is, what powers they're granting, and to whom. If your loved one has early-stage dementia or mild cognitive impairment and still has "lucid intervals" where they understand these concepts, a power of attorney may be possible. It's advisable to have their doctor provide a contemporaneous capacity letter and to have the signing witnessed or recorded. However, if the dementia has progressed to where they cannot understand the nature and consequences of the document, a power of attorney cannot be validly executed, and a conservatorship through the court is the only path forward.

How much does a conservatorship cost compared to a power of attorney?

The cost difference is dramatic. A durable power of attorney typically costs $300–$800 when prepared as part of an estate plan, or $100–$300 as a standalone document. It's a one-time cost with no ongoing fees. A conservatorship costs $3,000–$10,000+ in attorney fees to establish, plus $465 in court filing fees, $750+ for the court investigator, and annual bond premiums of $500–$5,000. Ongoing costs include annual accountings ($2,000–$5,000 per year) and periodic attorney fees for court filings and hearings. Over a typical 5-year conservatorship, total costs often reach $15,000–$35,000 or more—versus under $1,000 for a power of attorney. These conservatorship costs are paid from the conservatee's own assets.

Does a power of attorney end when someone becomes incapacitated?

It depends on the type of power of attorney. A regular (non-durable) power of attorney terminates automatically when the principal becomes incapacitated—which is precisely when you need it most. A durable power of attorney includes specific language (required by California Probate Code §4124) stating that the authority survives the principal's incapacity, meaning it remains in full effect even after the principal loses mental capacity. A springing power of attorney takes effect only upon incapacity, typically requiring one or two physicians to certify that the principal can no longer manage their affairs. This is why estate planning attorneys universally recommend durable powers of attorney for incapacity planning—they ensure continuous authority regardless of the principal's mental state.

Can a power of attorney be used to place someone in a care facility?

A financial power of attorney alone typically cannot authorize placement in a care facility against the person's wishes—it governs financial matters, not personal care decisions. An advance health care directive authorizes the health care agent to make medical decisions, which can include selecting care facilities and consenting to residential care placement, but generally only when the person lacks capacity to make these decisions themselves. If the person actively objects to placement and has some degree of capacity, neither a power of attorney nor a health care directive may be sufficient. In that situation, a conservatorship of the person may be necessary to authorize involuntary placement. This is one of the key areas where a conservatorship provides legal authority that a power of attorney simply cannot.

---

Protect Your Family Before a Crisis Hits

The best time to sign a power of attorney is years before you need it. The worst time is when it's too late.

We help California families with:

• Durable powers of attorney for finances
• Advance health care directives
• Comprehensive estate planning packages (trust + POA + AHCD)
• Conservatorship petitions when necessary
• Capacity assessments and emergency planning
• Transitioning from power of attorney to conservatorship when needed

Don't wait until a crisis forces your family into court. Call (818) 291-6217 or visit our contact page to schedule a consultation.

---

About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and conservatorship attorney serving families throughout Los Angeles and Santa Barbara Counties. With extensive experience in both incapacity planning and conservatorship proceedings, Rozsa helps families choose the right legal tools to protect their loved ones while preserving dignity and autonomy.

Office Location: 450 N Brand Blvd, Suite 600, Glendale, CA 91203

Phone: (818) 291-6217

---

Disclaimer: This article provides general information about powers of attorney and conservatorships in California and should not be construed as legal advice. Every family situation is unique, and the appropriate legal tool depends on your specific circumstances. This article reflects California law as of February 2026. Consult with a qualified attorney about your family's situation before making legal decisions.

---