Which is better, POA or conservatorship?

Many people prefer a power of attorney (POA) over a conservatorship, because they want a low-cost, private alternative.  To discuss which option is better for you, contact Matrium Law Group at (406) 552-7814 to speak with a licensed Montana attorney.  

Montana law allows for the appointment of a conservator if an individual should become incapacitated.  A conservator has the duty to manage the financial affairs of someone who is incapacitated.  The appointment of a conservator is not automatic. A hearing must be held in district court that is typically attended by the person petitioning to be the conservator, and the petitioner’s attorney, the person alleged to be incapacitated, his or her attorney, and witnesses. In some families there are disagreements about who is the “most capable” and who would be the “best” conservator, often resulting in lengthy and costly court proceedings.  In addition to being more costly than a POA, a conservatorship proceeding is conducted in open court, not in private.

With a POA, a person could limit the decision making authority of an agent, while retaining the ability to make other decisions. With a POA a person could also avoid the continuing expenses of an inventory and annual accountings that are required of a conservator. 

If you live in Montana, and you need a POA or conservatorship, contact Matrium Law Group at (406) 552-7814 to speak with a licensed Montana attorney about your situation.