A power of attorney is something your parent gives you. A conservatorship is something a judge grants after your parent can no longer give it. That is the entire difference, and it is decided by timing, not by preference.
Every family in probate court over an incapacitated parent once had a window when a signature would have prevented the whole thing.
Side by side
| Question | Power of attorney | Conservatorship |
|---|---|---|
| Who chooses the agent | Your parent | The court |
| When can it be created | Only while capacity exists | After capacity is lost |
| How long to put in place | Days | Months |
| Public or private | Private | Public court record |
| Ongoing oversight | None by a court | Accountings and supervision |
| Can it be revoked | By your parent, while capable | By court order only |
What durable means
A durable power of attorney survives the principal's incapacity. That is the whole point of it. A non-durable one ends exactly when you need it, which is a cruel piece of drafting to discover during a hospitalization, and it still happens because someone downloaded the wrong form.
Read the document your parent already has. Look for durability language. If it is not there, or you cannot tell, bring it to someone who can read it before you rely on it.
Springing powers and why I am cautious
A springing power of attorney takes effect only when incapacity is established, usually by physicians. It sounds prudent. In practice it means that at the moment you need authority, you first need doctors to certify something, and getting two physician letters during a crisis takes days you may not have. There are situations where it is right, but do not choose it by default.
“The document families most often bring me is a power of attorney from a stationery store, signed in 1997, never updated, naming a brother who died in 2014. It is not usable and I have to say so. Twenty minutes of drafting at the right time would have made all of it unnecessary.”
Delia Vasquez-HartWhen a power of attorney runs out of road
It is not a universal solvent. An agent under a power of attorney cannot generally decide to move a parent into a locked memory care facility against their objection. A power of attorney does not stop a competent adult from making choices the family disagrees with. And when the agent is the person taking advantage, the document is the problem rather than the solution.
Those are the situations where a petition is appropriate. They are a minority of the calls I get.
Health care is its own document
The financial power of attorney does not cover medical decisions. That is the advance health care directive, and you want a HIPAA authorization alongside it or you will spend an afternoon arguing with a records department that is following its own rules correctly.
Sign both. Give copies to the agent, the primary physician, and whoever keeps the family papers. A perfect document in a safe deposit box that only your father can open is not a plan.
Questions we get asked
My mother has mild dementia. Is it too late for a power of attorney?
Not necessarily. Capacity is decision-specific and can fluctuate. This is worth evaluating in the next week or two rather than assuming, because the direction of travel is one way.
Does a power of attorney let me sell my father's house?
It depends on whether the document grants real property authority explicitly. Many do not. Check the powers listed before you list the property.
Does the power of attorney end when my parent dies?
Yes. Authority ends at death, and administration passes to the successor trustee or the personal representative. Agents sometimes keep paying bills afterward without realizing they no longer have authority.
Can we have both a power of attorney and a conservatorship?
A conservatorship can affect or supersede an agent's authority. Where both exist, the interaction needs to be sorted out deliberately rather than left ambiguous.
Find the documents your parent already signed and read them for two things: durability, and whether the named agent is alive and willing. Bring what you find to the free 45-minute consultation, video or at 9454 Wilshire Blvd. Call (310) 555-0219.