How does a Power of Attorney differ from a Guardianship?
A Power of Attorney is power granted to an attorney-in-fact (another individual) to conduct any business that a person could do himself, such as banking, real estate, taxes, business transactions, or any other issue. Powers of attorney are generally time-limited. The client must be capacitated and there is no court oversight. A power of attorney may be withdrawn at any time by the person who has granted the authority. The court is not involved. A guardianship occurs when the client can not make decision for himself due to legal incapacity and the court has reviewed the person’s situation after a legal process where the person’s rights are protected. A guardianship generally supersedes a POA. A person may agree to a guardian or it may be order over a person’s objection after the judicial process is completed.
