As an Elder Law Attorney in Walnut Creek, CA who specializes in Conservatorships for residents of the SF East Bay, most clients that need a conservatorship have no power of attorney in place. However, there are certain cases where residents of Contra Costa County and Alameda County will still need to obtain a conservatorship even if there is a power of attorney in place.
As an Elder Law attorney in the SF East Bay, I have seen all of the following situations occur in regards to the Power of Attorney and Conservatorship process.
First, a conservatorship may be necessary if it is unclear if the principal (person executing power of attorney) had the mental capacity to sign a power of attorney on the date it was executed. A second reason for a conservatorship would be when it is unclear if the power of attorney was executed (signed) because of undue influence. In California, undue influence is defined as "“excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” In a case of alleged Undue Influence, a lawyer who specializes in both elder abuse and conservatorships in your county is necessary. I am an Elder Abuse attorney and Conservatorship attorney who has years of experience in the Alameda and Contra Costa County Courthouses.
A third reason someone in the SF East Bay would need a conservatorship would be if there are multiple power of attorney documents. An Elder Law attorney can represent you in court in order to establish one person to act as power of attorney, or put a conservatorship in place.
The last reason a conservatorship would be needed in Contra Costa County or Alameda County would be if the person who had been designated as attorney in fact is not able to act for whatever reason. In this case, a conservator would need to be appointed by a judge.
The Conservatorship Process can be complex and sometimes lengthy, depending on the size of the estate of the conservatee residing in the SF East Bay. However, conservatorships are often necessary when a person no longer has the mental capacity to manage their finances or day to day life.

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