Knowing the difference between conservatorship vs power of attorney can be confusing. But understanding them is essential if you want to make sure your finances are taken care of and your medical decisions are respected. This guide will explain the key differences between these legal arrangements and when each might be appropriate.
The Short Answer to What Is Conservatorship vs Power of Attorney:
A conservatorship is created by a court. A power of attorney is a private arrangement created by a document. Because conservatorships are created by courts, they are more expensive, more time-consuming, harder to change, and public. In contrast, a power of attorney is cheaper, quicker, easier to change (unless the person lacks mental capacity), and private.
Each State Has Its Own Definition of Conservatorship.
Each state has its own definition of a conservatorship. Generally speaking, a conservatorship is a court-ordered arrangement in which an individual or organization — known as a conservator – is made responsible for taking care of the financial and/or personal affairs, as well as any medical decisions on behalf of another person, usually due to incapacity or mental illness. This arrangement is remains in place until the court orders otherwise.
The following is a chart showing what “Conservatorship” means in the different states.
Summary of What “Conservator” Means In Each State
NOTE TO ATTORNEYS: If you are an attorney from one of the states listed below, please verify the accuracy of what I’ve written. I am admitted to practice law in Arizona, and I did the best I could to summarize each state. If you have a correction, please email me at paul@suddenwealthprotectionlaw.com.
Thank you! Attorney Paul Deloughery (admitted in Arizona only)
Alabama | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Alaska | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Arizona | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Arkansas | A conservatorship is created when a person consents to allowing someone else to handle their estate without being declared incapacitated. |
California | California has conservator of the person and conservator of the estate. There is also guardian of the person and guardian of the estate. |
Colorado | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Connecticut | oversee the finances and/or personal care of adults who are unable to manage their own affairs. |
Delaware | A conservatorship is a voluntary court supervised relationship in which a person who is mentally competent, but physically infirm, can apply to have someone appointed to care for the applicant’s Person, the applicant’s Estate, or both the Person and Estate. |
Florida | A Conservator is appointed to handle the affairs of “absentees.” An absentee is someone who has disappeared and is presumably dead or went missing due to their amnesia, mental derangement, or any other mental illness. |
Georgia | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Hawaii | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Idaho | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Illinois | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Indiana | Indiana doesn’t seem to have a “conservatorship.” Instead, they call it a guardianship. If someone knows something different, please call Paul at 602-443-4888 to fix this chart. |
Iowa | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Kansas | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Kentucky | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Louisiana | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Maine | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Maryland | They call a conservator a guardian. The guardian is responsible for making some or all personal and/or financial decisions for an incapacitated person. |
Massachusetts | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Michigan | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Minnesota | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Mississippi | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Missouri | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Montana | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Nebraska | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Nevada | Nevada is different from most states. A conservator protects the property and/or personal affairs of am incapacitated person. There are general and limited conservators. |
New Hampshire | A Conservator is appointed to handle the affairs of “absentees.” An absentee is someone who has disappeared and is presumably dead or went missing due to their amnesia, mental derangement, or any other mental illness. |
New Jersey | A conservatorship initiated by someone who wishes to have the Court appoint someone who will assist with their finances. |
New Mexico | A conservatorship initiated by someone who wishes to have the Court appoint someone who will assist with their finances. |
New York | A Conservator oversees the finances and/or personal care of adults who are unable to manage their own affairs. |
North Carolina | A conservatorship is initiated by someone who wishes to have the Court appoint someone who will assist with their finances. |
North Dakota | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Ohio | A conservatorship is when a mentally competent but physically infirm adult asks the court to appoint a conservator to care for the applicant’s person, property or both. |
Oklahoma | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Oregon | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Pennsylvania | A Conservator oversees the finances and/or personal care of adults who are unable to manage their own affairs. |
Rhode Island | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
South Carolina | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
South Dakota | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Tennessee | A Conservator oversees the finances and/or personal care of adults who are unable to manage their own affairs. |
Texas | In Texas, conservators are the people in charge of a child. |
Utah | A Conservator oversees the finances and/or personal care of adults who are unable to manage their own affairs. |
Vermont | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Virginia | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Washington | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
West Virginia | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Wisconsin | A conservatorship is initiated by someone who wishes to have the Court appoint someone who will assist with their finances. |
Wyoming | A Conservator manages and protects the property and financial affairs of an incapacitated person. |
Summary of Conservatorship vs Power of Attorney
What is a Conservatorship?
A Conservatorship is a court proceeding. The court appoints a conservator to make certain decisions and take certain actions on behalf of someone who can no longer do that on their own. A conservator’s powers vary by state. In Arizona, a conservator has powers set forth at A.R.S. Section 14-5424, or as specified by the court.
What is a Power of Attorney
A Power of Attorney is a document that gives an agent certain powers to act on behalf of another person. The person granting the powers is called a principal. Power of attorney documents are typically signed and handled outside of court proceedings.
Want Help With a Conservatorship Or Power of Attorney?
If you have a question about a Power of Attorney or a Conservatorship, feel free to give us a call at 602-443-4888. If you’re in Arizona, we can help you directly. If you live in one of the other states, we can refer you to one of our colleagues who can help.
