My mother is Conservator over my father. My mother fell for a sweetheart scam. After my father was placed into a nursing home, a younger gentleman swooped in. He has taken all jewelry, got her to take out a loan for him, etc... She has conservatorship over my father. My brother and I want that removed and one of us to be my dad's conservator. If she signs over Power of Attorney to one of us, does that automatically allow us to be my dad's conservator? Or do we have to go to court for conservatorship? At a loss right now and are blown away with all that has happened. Any information will be of great help.
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No, Mother cannot sign Dad's POA over to you. Only Dad or a court can appoint his POA.
And No, even if Dad signs POA over to you that would not make you his conservator. That is a court decision.
Unless they are officially deemed incompetent, adults are allowed to make their own decisions -- even very bad decisions.
A court appearance seems to be in your future.
I suggest consulting an attorney who specializes in elder law.