In what scenario might a conservatorship be necessary despite having a power of attorney and a healthcare surrogate?

A conservatorship may become necessary in situations where a person is at risk of locking financial assets due to concerns regarding their decision-making capability or management of their affairs. Even if a power of attorney and a healthcare surrogate are in place, these instruments rely on the principal being able to make sound decisions and effectively manage their own affairs.

If there are signs of financial mismanagement, incapacity, or other issues that suggest that the individual may not be able to adequately protect their own interests, a court may find it necessary to establish a conservatorship to ensure that someone is legally appointed to manage their financial assets responsibly. This legal structure provides oversight and safeguards against potential exploitation or neglect, which can arise when a person is unable to act in their own best interest.

In contrast, simply moving out of state, the unavailability of the healthcare surrogate, or issues with a trust may not warrant the establishment of a conservatorship, as these scenarios do not inherently result in the need for comprehensive management of the individual’s financial affairs or legal status.