Is a durable power of attorney a substitute for guardianship?
Generally not, because if the person with a disability lacks the legal capacity to give informed consent to a power of attorney, the document is invalid. Also, the person with a disability can repudiate a power of attorney making it invalid. A power of attorney is helpful when the person’s disability does not make him/her incapacitated, or for other family members to execute for themselves in case of their own future disabilities.
