A: Although they both allow someone else to legally act on your behalf, the most important difference is that you get to pick your power of attorney whereas oftentimes the court will choose your conservator (and sometimes without your ability to participate i.e. if you are already incapacitated). For this reason, we always recommend that our clients sign their power of attorney while they still can – otherwise, someone else may be deciding for you!
Q: What’s the difference between a power of attorney and a conservatorship?
- Q: Is it ever possible for someone without a trust to own real estate in California and AVOID probate given the high values of real estate?
- Q: If I only want 2 of my 3 children to inherit my home, would it be advisable to use a revocable transfer on death deed?
- Q: What’s the best way to ensure your estate doesn’t gobble up time and money in probate?
- Q: I only want one of my three children to inherit my house when I die. What do I need to do?
- Q: My late father owned a duplex as a joint tenant with his sister when he died. We also found his will, which stated he left all of his assets to me and my sister. Who will end up owning the duplex?