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LindaSusan Asked February 2016

Are POA, Executor, Conservator, etc. different names for the same thing?

Are POA, Executor, Conservator etc different names for the same thing?

LindaSusan Feb 2016
She has a great regional center case worker who is working on this issue. Yes I could use some of her SSI money but don't have any connections to find someone to pay. She has her dad who takes her two days a month on weekends. And her sister and hubby live 2 hrs away will take her but it's such a drive! She just spent a week there and it was wonderful to have all that time alone. It really showed my husband and I we need the slow quiet time alone. Will continue to work on respite care and out of home placement.

Anne1017 Feb 2016
I hope you have the ability to investigate group homes or future living conditions for your daughter. Are you able to validate using any of her SSI money for respite care? You mention "our family". Are there other family members that can be added to the list of resources?

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LindaSusan Feb 2016
Thank you for all your input, very helpful. My SN daughter is not capable of handling her own affairs, I am her representative payee for her SSI money. She lives with me. I'm getting some help now from her CVRC caseworker. No will, she has no assets, only gets government financial and medical assistance. I'm getting older and will get unable to care for her, right now I am in caregiver burnout and need a break or other long term placement for her. This is what causes me the greatest concern, someone other than myself taking care of her. I know it must be done, but feel sorry for her that I can't care for her any more. We are very close and she loves her life here with our family.

Anne1017 Feb 2016
Because each state may have a different interpretation I would agree that securing a clear definition etc of these terms will be helpful for all. Then you should be able to sort out exactly who has what responsibility and make your plans accordingly.Also there are attorneys ( you probably already know this) that are well versed in providing a plan for long term needs individuals and setting up the appropriate safe guards for their care.

gladimhere Feb 2016
In my state guardianship is for care needs without financial control, but does have input into identifying appropriate and affordable care (if there is such a thing).

Rainmom Feb 2016
Guardianship is usually the largest umbrella concerning responsibilities - they can do health, financial and personal. If there is a will a specific executor needs to be named - it can be the guardian or it can be someone else.

GardenArtist Feb 2016
Linda, I sense that you have certain goals in mind. Is it that you feel your SN daughter needs to have arrangements different from that of a conservator? In terms of responsibility, a conservator generally has more authority than a proxy under a POA.

A Personal Representative, formerly known as Executor or Executrix in some states, is the individual identified in a Will who would handle an estate. Are you thinking your daughter needs a Will at this time?

There are also special needs trusts.

gladimhere Feb 2016
Oh, SP = special? How old is she? Is she competent to take care of the necessary paperwork to execute a POA?

gladimhere Feb 2016
SP? Laws vary from state to state. Maybe someone in Cali will put in their two cents.

LindaSusan Feb 2016
Here in Cal my daughter and her husband are conservators over the financial, personal, and medical needs for her adult sister, my SP needs daughter who can not take care of herself. There is no POA or Executor.

gladimhere Feb 2016
No, Power of Attorney is a document that provides the "agent" power over medical and/or financial decisions while the person is still alive. The Executor is responsible for distributing assets to beneficiaries following death. The Conservator is put in place by the court to take care of financial decisions while the person is alive and not able to care for themselves.

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