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The term conservatorship is synonymous with elderly guardian but used mostly in the western United States. It is a court-appointed process that can be very expensive as the petitioners and proposed conservatee all must be represented by attorneys, with just a few exceptions for in pro per family members without objections. The reason for the expense is that the proposed conservatee's estate is expected to bear the burden of the court costs in the procedures to appoint.

However, there are numerous reasons to consider a conservatorship over a power of attorney (POA). For example, suppose there is no power of attorney in place and the person lacks capacity to understand what signing said document does to their personal freedoms and liberties. Perhaps there is feuding within the family about how a person should continue living, be it with Alzheimer's or a brain trauma injury and the feuding has left mom or dad with a means to care for them.

 

When such a person lacks capacity, the presiding county court will appoint a licensed fiduciary if no family member can or will serve to ensure the person’s well being is maintained and their estate managed prudently. Once appointed the court expects reports for the case management of health and odd-numbered accounting reports to the court to ensure the least-restrictive method is being provided to the conservatee. All non-family conservatorships require bonding, which is paid for from the conservatee's estate.

Estate or Trust Administration

A trustee will manage investments, keep records, manage assets, prepare court accountings, pay bills (depending on the nature of the trust) medical expenses, charitable gifts, inheritances or other distributions of income and principal. Trustees are not required to exercise all of the powers that they are granted.[2] A trustee can manage any number of trust types, including Charitable, Special Needs Trusts, ILIT, Corporate, and Estate Trusts.

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Conservator / Committee

The term conservatorship is synonymous with elderly guardian but used mostly in the western United States. It is a court-appointed process that can be very expensive as the petitioners and proposed conservatee all must be represented by attorneys, with just a few exceptions for in pro per family members without objections. The reason for the expense is that the proposed conservatee's estate is expected to bear the burden of the court costs in the procedures to appoint.
 

Powers of Attorney

Under common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney" elsewhere. In effect, under a durable power of attorney (DPoA) [1] Read more

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