What is the difference between Power of Attorney and guardianship or conservatorship?
The main difference between a Power of Attorney and a guardianship or conservatorship is court involvement. Guardianships and conservatorships are fiduciary relationships created by the court. The court authorizes a person to act as guardian or conservator of another person according to the terms of the court order. If I have a Power of Attorney, do I need a guardianship or conservatorship? It depends upon the authority granted by the Power of Attorney. A power of attorney may grant the individual broad powers over the person and his/her estate, or limited powers to act only in certain circumstances. If the Power of Attorney grants only limited powers, a guardian or conservator may be necessary or desirable. Can a Power of Attorney be filed with the Probate Court? No. Powers of Attorney are not filed with the Probate Court. Can a dispute over a Power of Attorney be heard in Probate Court? Yes. If a guardianship or conservatorship was established, and the guardian or conservator wanted
