QUESTION
Does a prospective guardian also need to apply to be a conservator if that person already has a POA?
Asked on Jan 30th, 2021 on Guardianship and Conservatorship - Arizona
More details to this question:
The family is exploring getting a lawyer to help it get guardianship for a mentally disabled brother. One of the family members already has a POA and takes care of the financial side of the brother and speaks to his doctor, but the hospital, where the brother often ends up unknowingly, does not communicate with the brother with the POA on the medical side in spite of the POA. If we work on getting guardianship should we include conservatorship as well?
1 ANSWER
2 Awards
There are two types of powers of attorney: one for health and one for financces. Similarly, as you have discovered, there are two types of guardian. In most cases, the existence of a valid Durable [Financial] Power of Attorney means that there is no need for a conservator, a guardian of the estate.
Answered on Jan 31st, 2021 at 5:36 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.