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

A guardianship and a power of attorney are both legal documents used in Elder Law in Kansas. However, they are different tools and serve different purposes. A guardian is appointed by the court to make decisions and manage the affairs of an incapacitated adult. A guardianship is court-supervised and gives the guardian the legal authority to make financial, medical, and personal decisions for an elderly individual. A power of attorney, on the other hand, is an agreement between a person and their representative. The individual grants the representative legal authority to make decisions and manage their affairs. A power of attorney is not court-supervised and the representative is only allowed to make decisions in certain areas, such as real estate transactions and business matters. In Kansas, a guardianship must be established when an individual is no longer able to make sound decisions due to age or illness. A power of attorney is typically used when an individual is still capable of making decisions, but desires someone else to act on their behalf.

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

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