Conservatorship vs. Power of Attorney | Goldsby Law
One of the most common questions we get at Goldsby Law, PLLC is: If I already have Power of Attorney (POA) or a Healthcare Directive for my elderly or disabled parent, do I still need to become their conservator? The answer depends on what level of legal authority you need to care for your loved one. Understanding the differences can help you make an informed decision that balances your parent’s needs with your responsibilities.
What’s the Difference Between a Power of Attorney and a Conservatorship?
A Power of Attorney (POA) is a legal document that allows someone (the "agent") to make financial or medical decisions on behalf of another person (the "principal"). However, POA authority is granted voluntarily by the principal and can be revoked at any time if they are mentally competent.
A Conservatorship, on the other hand, is a court-appointed role that grants someone the authority to make decisions for a person who has been legally deemed incapacitated or unable to manage their own affairs. In Connecticut, conservatorships are established through the Probate Court under Connecticut General Statutes (C.G.S.) § 45a-644 to § 45a-663. Conservatorship comes with strict court oversight and is more involved than having POA.
There are two types of conservatorship in Connecticut:
Conservator of the Person – Responsible for making personal, medical, and healthcare decisions.
Conservator of the Estate – Responsible for managing financial affairs, assets, and property.
When POA and a Healthcare Directive May Be Enough
If your parent has already given you Power of Attorney for finances and a Healthcare Directive (or Healthcare Power of Attorney) for medical decisions, you likely already have the legal authority to:
Pay their bills and manage their bank accounts.
Handle investments and real estate transactions.
Make medical decisions, including treatment options and end-of-life care (if explicitly stated in the directive).
Apply for benefits like Medicaid or Social Security on their behalf.
In this case, you may not need to pursue conservatorship unless problems arise that make your POA insufficient.
When You Might Still Need Conservatorship
Even if you have POA and a Healthcare Directive, there are situations where you may need to seek conservatorship:
Your parent is refusing necessary care – If your parent is incapacitated but resisting necessary medical treatment or placement in a care facility, a Conservator of the Person may be needed to legally authorize decisions for their well-being. This requires a petition to the Connecticut Probate Court and evidence of incapacity.
Family disputes over decision-making – If siblings or other relatives challenge your POA authority, a conservatorship may provide clearer legal standing and oversight by the court.
POA limitations – Some financial institutions may refuse to honor a POA, requiring a Conservator of the Estate to access and manage certain assets.
Revocation of POA by your parent – If your parent still has legal capacity and chooses to revoke their POA but is making harmful decisions, conservatorship may be necessary to protect them.
Need to sell real estate – Under C.G.S. § 45a-656, if your parent owns property and your POA does not explicitly grant authority to sell it, you may need court approval through conservatorship.
Responsibilities of a Conservator in Connecticut
If you decide to pursue conservatorship, be aware that it comes with additional legal duties and reporting requirements under Connecticut law:
A Conservator of the Person must file an Annual Conservatorship Care Plan with the court, detailing the conserved person's living situation, medical care, and personal needs.
A Conservator of the Estate must submit an Annual Financial Report and Budget to the probate court, tracking all income, expenses, and asset management.
The court must approve major decisions, such as changing the person’s residence (e.g., moving to assisted living) or selling property.
Conservators must follow the Connecticut Standards of Practice for Conservators, ensuring that all actions are in the best interests of the conserved person.
Which Option is Best for Your Family?
Every family’s situation is unique. If your POA and Healthcare Directive give you full authority and there are no disputes, conservatorship may not be necessary. However, if you are facing challenges in caring for your parent due to legal, medical, or financial obstacles, conservatorship might be the best way to ensure their well-being.
At Goldsby Law, PLLC, we specialize in helping families navigate estate planning and elder law matters. If you need guidance on whether Power of Attorney is enough or whether you should seek conservatorship, we can provide tailored advice based on your unique situation.
Contact us today to schedule a consultation and protect your loved one’s future with confidence.
