Power of Attorney vs. Conservatorship: Which Does Your Family Need
One of these a person signs voluntarily, in an afternoon, while they’re still capable of it. The other is a court process that takes months and happens specifically because that window already closed.
Power of attorney: proactive, private, cheap
A power of attorney (POA) is a document someone signs while they still have legal capacity, naming an agent to act on their behalf — financial, medical, or both. It can be drafted and signed for a few hundred dollars in legal fees, takes effect immediately or upon a specified trigger (like incapacity), and never involves a court unless it’s challenged. See our estate planning documents guide for how it fits with the rest of an estate plan.
Conservatorship: reactive, public, expensive
A conservatorship is a court proceeding, filed only after someone has already lost capacity and no valid power of attorney exists to cover the need. It typically costs several thousand dollars in attorney and court investigator fees, takes months, and results in ongoing court supervision — annual accountings, court approval for major decisions. See our step-by-step conservatorship guide for the full process.
Why the difference matters right now, not later
A power of attorney can only be signed while the person still has legal capacity — a diagnosis of dementia doesn’t automatically disqualify someone, but waiting until a crisis is underway routinely does. Once capacity is gone, a conservatorship becomes the only remaining option, and families who put off the conversation often find that out at the worst possible time.
If a parent is still willing and able to sign documents, this is the single highest-leverage conversation to have before any health crisis — not during one.
Looking for one? See our Professional fiduciaries directory — every listing is a clearly-labeled, flat-fee placement, never a referral fee, never tied to whether you hire them.
Looking for one? See our Elder-law attorneys directory — every listing is a clearly-labeled, flat-fee placement, never a referral fee, never tied to whether you hire them.
What happens when there’s no power of attorney · Estate planning documents · All guides