Question: If someone has signed a health care proxy and durable power of attorney while they have capacity, is there any benefit to also petitioning for guardianship or conservatorship later on if that individual is deemed to be incapacitated? In other words, does an invoked health care proxy and power of attorney provide the same legal authority and decision-making power as that of an established guardianship and conservatorship, or are there other benefits to petitioning for conservatorship or guardianship?

Response: While part of the reason for executing a health care proxy and durable power of attorney is to avoid the need for guardianship or conservatorship, both of which involve the delay and expense of a court proceeding, they can become necessary in some instances. Let’s discuss each of the two documents separately.