Power of Attorney vs. Guardianship: What’s the Difference?

A Power of Attorney is a legal document that grants someone the authority to act on your behalf in certain situations. This could include making financial decisions, signing legal documents, or making medical decisions if you are unable to do so.

Guardianship is a legal process where a court appoints someone to make decisions for an individual who is unable to make decisions for themselves. This could include decisions related to finances, healthcare, and other important matters.

The main difference between a Power of Attorney and Guardianship is that a Power of Attorney is established voluntarily by an individual while they are still capable of making decisions for themselves, whereas Guardianship is established by a court when an individual is deemed unable to make decisions for themselves.

The decision to establish a Power of Attorney or Guardianship will depend on your individual circumstances. If you are still capable of making decisions for yourself, a Power of Attorney may be a better option as it allows you to choose who will make decisions on your behalf. However, if you are unable to make decisions for yourself, Guardianship may be necessary to ensure that your interests are protected.

It is possible to have both a Power of Attorney and Guardianship, but it is important to ensure that the two documents work together and do not conflict with each other. It is recommended to consult with an attorney to determine the best course of action for your individual situation.