Does a conservatorship override a power of attorney in California?

A conservatorship will not override a durable power of attorney, which is different from a general power of attorney only in that it extends beyond the principal’s incapacity. A judge may or may not grant a conservatorship when there is already a power of attorney in place.

In California, a conservatorship and a power of attorney serve different purposes, and one does not necessarily override the other. Let’s briefly discuss each concept:

Power of Attorney (POA): A power of attorney is a legal document that allows an individual (the principal) to appoint someone else (the agent or attorney-in-fact) to make decisions on their behalf. The authority granted to the agent can be broad or limited, depending on the terms of the power of attorney. Importantly, a power of attorney is typically created by the individual while they are still competent and able to make their own decisions.

Conservatorship: A conservatorship, on the other hand, is a legal arrangement where a court appoints a conservator to make decisions on behalf of an individual (the conservatee) who is unable to manage their own affairs due to physical or mental incapacity. This may include decisions related to finances, healthcare, or personal matters. A conservatorship is initiated through a court proceeding and is often sought by someone (usually a family member or interested party) who believes that the individual is unable to care for themselves or manage their affairs.

In California, if an individual has already executed a valid power of attorney and later becomes incapacitated, the power of attorney generally remains in effect unless the document specifies otherwise.

However, if a conservatorship is established through a court proceeding, the conservator may be granted authority to make decisions that override the powers granted in a general power of attorney.