The Hive Law

Does Guardianship Override Power Of Attorney?

Does Guardianship Override Power Of Attorney - Is Guardianship The Same As Power Of Attorney

Does guardianship override a power of attorney?

In this article, you’ll learn about:

  • the difference between a power of attorney and guardianship
  • whether guardianship overrides a power of attorney

Let’s dig in. 

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Does Guardianship Override Power Of Attorney?

Yes, guardianship overrides a power of attorney for all non-financial matters. 

And guardianship overrides a power of attorney because it’s a court order. 

To control financial matters, guardianship also needs conservatorship

Without conservatorship, a power of attorney will override guardianship for financial matters. 

If there is a conservatorship, that overrides a power of attorney for financial matters. 

For a power of attorney to get overridden:

  • the person must appoint a guardian, and;
  • the court must appoint a conservator.

What Is The Difference Between Power Of Attorney And Guardianship?

Let’s look at what is the difference between a power of attorney and guardianship. 

What Is Power Of Attorney?

A power of attorney allows you to act on behalf of someone else. 

Once that person gets incapacitated, you become their agent

The person who gives you power of attorney is the principal. 

You can make decisions about:

  • property
  • finances
  • medical decisions

And you can sign legal documents on behalf of the principal. 

Related: Can You Have More Than One Power Of Attorney

What Is Guardianship?

Guardianship is when you take care of someone who can’t take care of themselves. 

And guardians get appointed via a court order by the judge. 

For children, a will can appoint legal guardianship

If you’re a guardian who needs to manage finances, you’ll get a conservatorship. 

And then you can manage their finances and personal affairs. 

But, if you don’t have a conservatorship, then power of attorney overrides guardianship

At least for financial matters for the principal. 

Related: Do You Need Guardianship If You Have Power Of Attorney

Set Up Your Power Of Attorney Correctly

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