What is the difference between a guardianship and a power of attorney?
A Durable Power of Attorney and a guardianship are similar in the sense that, in each instance, one person is granted the authority to act on behalf of another. In both cases, the authority can be very broad or very limited. A person who is acting under authority from a Durable Power of Attorney can generally do most of the same things that a guardian can do. There are differences between a Power of Attorney and a guardianship. The first difference is the source of the authority. A Power of Attorney is a document by which an individual, a “principal”, will grant authority to another to act on his or her behalf. In a guardianship, the Court appoints the guardian and grants them authority to act. Another difference is the status of the principal or protected person. An individual can make a Durable Power of Attorney effective immediately, and without regard to whether the person is incapacitated. A guardian cannot be appointed until the Court finds that the protected person is incapacita
