Do You Need Guardianship If You Have Power Of Attorney?

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Do You Need Guardianship If You Have Power Of Attorney - Power Of Attorney Vs Guardianship - Guardianship Vs Power Of Attorney

Do you need guardianship if you have power of attorney?

In this article, you will learn things like:

  • the difference between guardianship vs power of attorney
  • when you need power of attorney vs guardianship
  • POA vs guardianship for a child
  • does guardianship supercede power of attorney

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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Guardianship Vs Power Of Attorney

Let’s compare guardianship vs power of attorney. 

And what you can expect from a power of attorney vs guardianship

Is Guardianship The Same As Power Of Attorney?

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:

  • you keep your authority with power of attorney
  • you lose your authority with guardianship

A power of authority gives an extra person authority without taking yours away. 

A guardianship removes your authority and gives it to someone else. 

What Is The Difference Between Guardianship And Power Of Attorney?

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. 

What Is Guardianship?

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

What Is A Power Of Attorney?

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:

  • you are the agent
  • they are the principals

The agent with power of attorney can make decisions for the principal about:

  • property
  • finances
  • medical decisions

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

Power Of Attorney Vs Guardianship For A Child

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:

  • traveling abroad without your children
  • temporarily relocating without your children
  • military duty

Guardianship for a child is more commonly appointed in situations like:

  • parents passing away
  • parents losing custody
  • parents becoming incapable of raising their children
  • parents going to jail for long periods of time

Another difference between power of attorney vs guardianship for a child is that with:

  • power of attorney you decide to get a POA
  • guardianship you have no say in the scenario

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

Do You Need Guardianship If You Have Power Of Attorney?

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:

  • a child’s parents are deceased or unfit parents
  • someone is incapacitated or incompetent
  • someone is functioning with limited capacity

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. 

Does Guardianship Supercede Power Of Attorney

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

Is There Such Thing As Power Of Attorney Guardianship?

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. 

Do You Need Guardianship If You Have Power Of Attorney

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:

  • you can make sure your POA abides by the laws
  • you have confidence you have the correct power of attorney set up
  • you don’t have to hire a notary to show up to the signing
  • you don’t have to find witnesses to show up at the signing
  • you get FREE revisions for 30 days

Fill out the form below and we will reach out and get the ball rolling.

Talk soon.

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