What is the difference between a guardianship and a power of attorney?

The primary difference between guardianship and a power of attorney (POA) in Arkansas is who gets to make decisions on behalf of the person who needs help. A guardianship is a legal arrangement that appoints a guardian to make personal and financial decisions for another person who is deemed incapacitated. In contrast, a POA is a document that a person (known as the principal) signs to appoint an agent (known as the attorney-in-fact) to act on their behalf for specific financial decisions. In a guardianship, a court order is necessary to appoint the guardian and the court must also approve the guardian’s actions. The guardian is responsible for making decisions related to the incapacitated person’s health care and financial affairs. The guardian may also be responsible for the physical care of the person. A POA gives another person the authority to act on behalf of the principal for specific financial matters. The attorney-in-fact can only make decisions within the scope of the POA and does not have the authority to make decisions related to health care or physical care. Additionally, the principal can terminate the power of attorney at any time. Guardianships are necessary for individuals who can no longer make decisions for themselves, while a POA may be more appropriate for those who just need temporary help with decisions or those who need assistance with a specific financial matter.

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What is the difference between a guardianship and a power of attorney?

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