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

When it comes to elder law in Delaware, two important terms to know are guardianship and power of attorney. Both of these legal instruments allow someone else to act on behalf of an individual, usually someone who is elderly. However, there are some key differences between them. A guardianship is a court-supervised relationship between an individual (called a “ward”) and a guardian, and is generally used for those who are unable to make decisions for themselves due to mental or physical impairment. A guardian is responsible for taking care of the ward’s financial and medical needs, and is appointed by a court of law. On the other hand, a power of attorney (POA) is an agreement between two parties, granting one of them (the “principal”) the authority to act on behalf of the other (the “attorney-in-fact”). The principal grants the attorney-in-fact this authority in order to handle their medical, financial, or other affairs. Unlike a guardianship, a POA does not require court approval. In short, guardianships are court-supervised relationships between an individual and a guardian, while powers of attorney are agreements between two parties that gives one of them the authority to act on behalf of the other.

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

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