Can powers of attorney eliminate the need for a guardianship?
A. Yes. In many instances, powers of attorney are a much better way to deal with incapacity than a guardianship. If you become disabled, financial and medical powers of attorney authorize your agent to act on your behalf. This will generally avoid the need to go through the time consuming, expensive, and possibly embarrassing process during which someone goes to court to have you declared mentally or physically incompetent and seeks appointment to serve as your legal guardian subject to ongoing court supervision.