Legal Question in Wills and Trusts in Pennsylvania

Re: Power of Attorney

Does the family member have an actual "power of attorney" or is that person a "conservator." Many people use the terms "power of attorney" when in fact they really don't have one. Is there a document signed by the mentally incompetent when he/she was competent giving the other family member power of attorney? If so, any member of the family can petition the probate court in the town where the incompetent lives to have a conservator of person and/or estate appointed. This would override the "power of attorney" document.

If the family member is actually a "conservator of the incompetent's person or estate" (another words, there was no power of attorney document, but rather that person was appointed by the probate court) any family member can petition the probate court to have that person removed as conservator and have another family member appointed.