Power Of Attorney vs Guardianship

Power Of Attorney vs Guardianship - Guardianship vs.Power Of Attorney - Guardianship vs POA - Guardianship vs Power Of Attorney

What are the differences between power of attorney vs guardianship? 

This article quickly covers:

  • power of attorney vs guardianship
  • how to appoint guardianship vs POA
  • when does guardianship override the 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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Power Of Attorney vs Guardianship

Let’s compare a power of attorney vs guardianship. 

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

What Is Power Of Attorney?

A power of attorney gives someone the power to act for another person. 

The person who gets to make decisions for you is the agent

The person who needs someone to make decisions for them is the principal. 

The agent can make decisions about:

  • property
  • finances
  • medical decisions

In the event of illness or disability, power of attorney can sign financial documents. 

Related: What If The Executor Does Not Probate The Will

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 children, a will can appoint a 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: What An Executor Cannot Do

Power Of Attorney vs Guardianship

A guardianship is similar to a power of attorney. 

Both empower the agent to make decisions for someone else about:

  • finances
  • legal
  • medical situations

 But there are differences between power of attorney vs guardianship. 

Difference Between Power Of Attorney vs Guardianship

The difference between power of attorney vs guardianship is how the agent gets appointed. 

A power of attorney gets appointed by the individual. 

The principal can choose when the power of attorney goes into effect.

And they can choose what decision-making authority the agent has.

But a guardian gets appointed by the probate courts

And the principal has no say in what authority the guardianship has. 

Related: Consequences Of Not Probating A Will

Guardianship vs POA

A guardians’ authority is more expansive than a power of attorney’s. 

Guardianship gets appointed via a court order. 

This means that even third parties have to recognize their authority. 

But the guardian’s decisions are subject to the court’s approval. 

For a guardianship vs POA, the power of attorney offers the principal more: 

  • flexibility
  • control
  • privacy

For power of attorney vs guardianship, the POA costs the principal a lot less. 

That’s because guardianship comes with court fees. 

Related: Difference Between Executor and Trustee

Does Guardianship Override Power Of Attorney?

Guardianship overrides a power of attorney because guardianship is a court order. 

Guardianship overrides a financial power of attorney if there is a conservator

But if there is not a conservator, the guardianship does not override the financial power of attorney. 

Summary Of Power Of Attorney vs Guardianship

In short, a power of attorney is the same thing as guardianship. 

The only difference in power of attorney vs guardianship is how the agent gets appointed. 

Guardianship gest appointed by the courts with a court order. 

Power of attorney gets appointed by the principal with a power of attorney. 

How To Get A 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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