{"id":1657,"date":"2020-06-18T12:31:01","date_gmt":"2020-06-18T16:31:01","guid":{"rendered":"https:\/\/www.asbury.org\/normandie-ridge\/blog\/2020\/06\/18\/power-of-attorney-vs-guardianship\/"},"modified":"2020-06-18T12:31:01","modified_gmt":"2020-06-18T16:31:01","slug":"power-of-attorney-vs-guardianship","status":"publish","type":"post","link":"https:\/\/www.asbury.org\/normandie-ridge\/blog\/2020\/06\/18\/power-of-attorney-vs-guardianship\/","title":{"rendered":"What is Power of Attorney vs. Guardianship?"},"content":{"rendered":"

Power of Attorney vs. Guardianship<\/h1>\n

As we age, ensuring that our interests will be represented if we become unable to advocate for ourselves takes on greater importance. Of the many legal documents that are part of this, a power of attorney is critical. But misconceptions about the rights power of attorney grants are common.<\/p>\n

Essentially, power of attorney allows a competent individual to grant someone \u2013 called an agent or attorney-in-fact \u2013 the legal authority to act on their behalf when it comes to managing personal affairs, such as financial and health care decisions, and business affairs. The authority of these documents can vary widely, so it is important to understand what is being granted<\/p>\n

. Don\u2019t just read the title and make assumptions; read the specific powers that are being granted.<\/p>\n

The limits of power-of-attorney<\/strong><\/h2>\n

There are two important categories to consider when it comes to Power of Attorney documents.<\/p>\n

A durable power of attorney document remains in effect even after the grantor is incapacitated. The document must include specific language regarding durability. If this durability language is not included, the power of attorney will terminate when the person becomes incapacitated. Then all powers of attorney will terminate at the person\u2019s death. Power of attorney does not strip an individual of their rights to have a say in decisions that affect their life. Everyone has the basic right to direct their own health care services.\u00a0 This includes the right to refuse treatment or placement into a health facility. A power of attorney cannot override that right. However, if an individual is deemed to be incompetent or incapable of making healthcare decisions, one option is for an interested party, such as a family member, to file for guardianship.<\/p>\n

Legal requirements of guardianship<\/strong><\/h2>\n

This is a complicated legal process that requires a court hearing where a judge decides whether the person in question meets the legal definition of competent. Only a court of proper jurisdiction can grant guardianship. Which may be specifically limited to apply only to a person\u2019s property or person, or both. Courts are careful to specifically limit this power to that which is necessary to protect welfare of the individual. In general:<\/p>\n