What is the difference between a guardianship and a power of attorney?
The main difference between a guardianship and a power of attorney in South Carolina is the degree of decision-making authority given to the person in charge. A guardianship is a legal arrangement in which the court gives one person (the “guardian”) legal authority to make decisions on another person’s behalf (the “ward”). The guardian has to ask permission from the court before they can make decisions about the ward’s life, such as where they will live, what type of medical care they will receive, and how their money will be spent. In contrast, a power of attorney is a legal document that allows one person (the “principal”) to give another person (the “agent”) legal authority to act on their behalf. The principal is able to decide exactly what kind of authority to give the agent. This can range from making routine decisions such as paying bills to more significant decisions such as buying or selling property. The principal can make changes to the power of attorney at any time, while the guardianship is more permanent and must be approved by the court.
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