Do you need guardianship if you have power of attorney?
In this article, you will learn things like:
Let’s dig in.
You don’t want to wrongfully lose assets that are rightfully yours. You also don’t want to risk being sued by creditors. You need an experienced power of attorney lawyer who can set up your POA properly.
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A guardianship is not the same as a power of attorney.
Both a power of attorney and guardianship give someone else decision-making authority.
But the main difference between power of attorney vs guardianship is that:
A power of authority gives an extra person authority without taking yours away.
A guardianship removes your authority and gives it to someone else.
The difference between guardianship and power of attorney is how they get appointed.
Any individual can appoint a power of attorney and give them authority.
The principal can choose when that power of attorney goes into effect.
And what decision-making capabilities the agent is allowed to have.
But a guardian gets appointed by the probate courts.
The principal has zero say in the authority that the guardian has.
A guardian is someone who takes care of a person who isn’t able to take care of themselves.
Guardianship gets appointed by the courts via a court order.
Meaning a judge appoints a guardian.
With guardianship for a child, a will can appoint that guardian.)
A guardian is responsible for the care and finances of the person they are taking care of.
Guardians who need to manage finances for the principal get a conservatorship.
This gives the person authority to manage someone’s finances.
Related: Conservatorship vs Guardianship
A power of attorney gives one person the authority to act on behalf of another person.
The person making the decisions on your behalf has a power of attorney.
And they are referred to as your “agent.”
When you create a power of attorney, you are the principal.
If your parents give you power of attorney for them:
The agent with power of attorney can make decisions for the principal about:
And, in the event of illness or disability, a POA can sign financial documents on the agent’s behalf.
Related: Power Of Attorney vs Conservatorship
Let’s look at power of attorney vs guardianship for a child.
Power of attorney for a child gets used in temporary scenarios.
While guardianship for a child gets used in more permanent situations.
Power of attorney for a child would get used in situations like:
Guardianship for a child is more commonly appointed in situations like:
Another difference between power of attorney vs guardianship for a child is that with:
With guardianship, the courts will terminate your parental rights of the child.
And those parental rights will be given to the guardian.
With power of attorney, you keep your parental rights.
But you allow someone to make decisions on your behalf.
Related: Guardianship vs Parental Rights
You don’t need guardianship if you have power of attorney.
Power of attorney and guardianship both give you decision-making authority.
You need guardianship if:
Otherwise, you don’t need guardianship if you have power of attorney.
A power of attorney will give the agent the decision-making authority they need.
A guardianship supersedes a power of attorney.
If there is a power of attorney, an appointed guardianship supersedes that power of attorney.
This is because guardianship removes your decision-making abilities and gives them to a guardian.
But with a power of attorney gives someone else authority without taking yours away.
For this reason, guardianship supersedes a power of attorney.
Related: Step-Parent Adoption
Power of attorney and guardianship are two separate legal scenarios.
There is no such thing as a power of attorney guardianship as a single product.
If you want a reliable, attorney-created power of attorney, fill out the form below.
Our experienced attorneys will create your power of attorney, which means:
Fill out the form below and we will reach out and get the ball rolling.