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A conservatorship is granted by a court. It will override a power of attorney.

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8y ago
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8y ago

Yes. Once a conservator is appointed by the court the power of attorney is extinguished.

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Q: Will conservatorship override power of attorney?
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Can Durable Power of Attorney override a Will?

No, durable power of attorney, although meant for financial decision-making, is restricted against amending wills.


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A power of attorney can only be granted by the subject. A probate court can grant a conservatorship or appoint a guardian.


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Can stepchildren take away their stepmother's conservatorship of their father?

Of course not. A conservatorship is allowed by a court. No one but the court has the right to "take it away" from the conservator. The step-children can petition to have the conservator removed and replaced. It will be up to a judge to decide. You should consult with an attorney who can review your situation and explain your options.


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How can you sign legal paper work for a person brain dead?

You could probably sign legal paperwork for a person who is brain dead if you have a Durable Power of Attorney from them. Of course, they would have had to have signed it before they were brain dead. And it probably has to be a DURABLE Power of Attorney, because a simple Power of Attorney usually only applies while the person is alive and not incapacitated, as they usually expire upon death or incapacity. Lacking a Durable Power of Attorney, you might have to petition the courts for Guardianship or Conservatorship of the person in order to sign legal paperwork for them. And making decisions regarding continued health care for an incapacitated individual might additionally require a Health Care Advance Directive, or a Durable Power of Attorney for Health Care. And you should ask this question to a practicing attorney, not depend on any answer here!!


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Some civil rights remain with the person under a Conservatorship. However, all but very few basic civil rights are given to the general Conservator. A person under conservatorship retains those civil or constitutional rights not specifically given away by the court. The person under a Conservatorship retains such rights as the ability to hire an attorney to challenge the Conservatorship or seek redress and the power to release medical records,There are different sub-types of conservatorships in different jurisdictions. Generally, a Conservator of a persons estate is responsible for handling the financial affairs of the principal. A Conservator of the person is appointed to make decisions about personal physical needs such as residence, clothing, health needs, food, admission to a nursing home, etc. The civil rights retained by the principal may vary under the various types of Conservatorships.


What kind of attorney can handle a power of attorney?

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