Milpitas, CA estates & probate attorney Elijah Keyes discusses how a conservatorship differs from a power of attorney or guardianship. He notes that guardianship and conservatorship are essentially synonymous in most states, both referring to a court-appointed representative who makes financial or personal decisions for an individual who is incapacitated. In California, however, the terminology differs: conservatorship applies to adults, while guardianship applies to children. Despite the distinction, the function is the same—appointing someone to act on behalf of a person who lacks decision-making capacity.

He distinguishes these court processes from legal documents such as powers of attorney and health care directives. A power of attorney allows an individual to designate an agent to make future financial decisions, while a health care directive does the same for medical and personal decisions. These documents are created voluntarily and do not involve the court.

He notes that conservatorships are costly, time-consuming, and intrusive. Because the person in need of assistance does not choose the conservator, the judge must investigate the nominee, approve their appointment, and continue to monitor their actions. Conservators are also required to file annual reports verifying their conduct. By contrast, powers of attorney and health care directives are far less burdensome. They place control in the hands of the individual creating them, who decides the scope of authority granted, making the process significantly less intrusive and more efficient.