Any difference between a Power of Attorney and Conservetorship?

[bluclouds]

I already have a Power of Attorney for my father where I am the designated agent. It was notorized in Canada, but myself and my father are U.S. citizens. He has a wife (remarried 10 years ago) in California. We would like to most likely initiate a divorce, or sell his home, but she is also on the title. With that in mind, do I need to also pursue conservetorship? Can she do it without his signature, without me knowing?

 

[seniorjudge]

Yes, you can do a conservatorship and no, it can't be a secret.

 

[bluclouds]

I guess my question is really, is there any benefit to me pursuing an "additional" conservatorship when I already have a Power of Attorney? If his wife was to apply to be the conservator, how do they "notify" people, my dad? Does he have to make an appearance in court? (Of course if that was the case, we'd know as he now lives with us.)

 

[lwpat]

Assuming he has capacity, you need to go ahead with a divorce and get the title to the property cleared up now. If it is a durable power of attorney then there is no need to go to court for a conservatorship or guardianship. Simply record the POA in the county where you now reside.

 

[bluclouds]

I really appreciate the comments here. If I could ask a few follow up:

(1) How does the law determine "capacity," especially in cases of Alzheimers? We spend a lot of time listening to him, asking in various ways, and of course since he is our father we know how to interpret his wishes. At least we think so, but how does a court?

(2) By "recording a POA" in the county I live, do you mean getting a POA signed and notorized? (Which I have already) Or do you mean I have to go to a city courthouse or somewhere to "register" it?

A bit of general advice on actually how to actually "use" a POA would be helpful. All the advice is to get one, but practically, do I just now go to a divorce lawyer or go to city hall and file a divorce in his name and note somewhere I'm doing it as his POA agent?