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

A guardianship and a power of attorney are both legal documents that allow others to make decisions on behalf of an individual in California. The primary difference between the two is how much control an assigned representative is given. A guardianship gives a designated person (known as the “guardian”) broad decision-making authority over an individual who is deemed incapable of making those decisions themselves, such as a minor or someone with a disability. A power of attorney (POA) is a legal document that allows a person to assign someone else to make decisions on their behalf. However, a POA gives the assigned representative much more limited authority over the individual’s affairs than a guardianship does. Typically, a POA will only be able to make decisions related to financial matters or health care. Furthermore, a POA holder can only make decisions when the individual is unable to do so themselves. In contrast, a guardian has the authority to make decisions on behalf of the individual even when that individual is capable of making those decisions for themselves. When it comes to elder law in California, POAs and guardianships are both useful tools for assigning decision-making authority. However, it is important to understand the differences between the two in order to ensure that the individual’s wishes and best interests are represented.

Related FAQs

How can I ensure my elderly parent is not being taken advantage of?
What is probate?
What is a community spouse resource allowance?
What is a Medicaid trust?
How can I ensure my elderly parent's wishes are respected after they pass away?
What is an injury or wrongful death action?
What is a survivor's trust?
How do I plan for Medicaid eligibility?
What are some common Elder Law topics?
What is a trust fund?

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

Related FAQs

Related Blog Posts