![]() They will give weight to a person’s request as long as the person chosen can perform the guardian function and act in the person’s best interest. While a person can designate a guardian before they become incapacitated, the court will have the ultimate decision. To grant guardianship, a court will have to find that the person cannot make their own decisions, and it is in the best interest of the person to have someone put in place to make these decisions. Because guardianship can significantly limit a person’s rights, it is usually considered a last resort and is not taken lightly by the court system. When a guardianship is granted, a person loses many rights, such as the right to manage their finances, medical treatments, and where they choose to live. It can also be awarded if a person is considered to be susceptible to undue influence or fraud. Obtaining guardianship, or conservatorship, is a legal process where a person is awarded the decision-making capacity over a person who is unable to communicate or lacks the capacity to make sound decisions. ![]() A limited power of attorney is often granted for a limited time. A general power of attorney will allow a person to act as attorney-in-fact for all matters allowed by the state and can include selling property, handling bank accounts, signing checks, and making medical decisions. A limited power of attorney can be used when an agent is needed for specific matters or events, such as handling property or managing a retirement account. When choosing a power of attorney, you will need to decide between a general power of attorney or a limited one. Power of attorney documents should be considered when planning long-term care or for persons who may be disabled physically or mentally. If a durable power of attorney has been obtained, then a power of attorney can continue even after incapacitation. In a conventional power of attorney, the document will become invalid once the person is declared to be incapacitated. The dissolution of a power of attorney can also differ depending on the type of POA obtained. A power of attorney can also be dissolved by specified events, such as death of the attorney-in-fact, or the principal’s divorce from the agent. The POA principal can revoke it at any time or a court can render it invalid. For example, a power of attorney can be used when a person cannot be present for a financial transaction, such as buying a car.Ī power of attorney is designated by the person who needs assistance and can end for any number of reasons. POAs can also be used in less dire situations. This type of authority is often used in situations where someone becomes ill, disabled, or incapacitated and cannot make decisions on their own behalf. Other POA documents create the authority to make limited legal decisions, often related to medical care, finance, property, or both. Some provide the attorney-in-fact with broad legal authority over the principal’s life. Power of attorney documents can vary greatly. ![]() The person acting for that person is also called the attorney-in-fact. The person for whom decisions will be made is also known as the principal. ![]() Power of AttorneyĪ power of attorney ( POA) is a document that will give a person the power to act on behalf of, or as an agent for, another person. Which one will provide you with the best chance to take care of their needs? To make the decisions, you will first need to understand what each one is and how they differ. Which is better, power of attorney or guardianship? When you have a loved one who needs assistance making financial or medical decisions, you may find yourself wondering whether it is better to obtain a power of attorney or to seek a guardianship to help assist them with these matters. ![]()
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