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

In Virginia, a guardianship and a power of attorney are two distinct legal tools used in Elder Law, and they can have different effects on a person’s life. A guardianship is when a court assigns an adult to make decisions for an incapacitated person, such as an elderly parent or disabled adult child. The court will determine if the person needs a guardian based on medical and psychological evaluations. A guardianship can be temporary or permanent, depending on the person’s condition. A power of attorney is a legal document that allows someone to appoint another person to handle their finances and other legal decisions in their absence. This document grants the appointed person power over specific accounts or types of transactions. A power of attorney can be limited in scope and can be revoked at any time. The main difference between a guardianship and a power of attorney is that a guardianship is initiated and approved by a court, while a power of attorney is a voluntary document that is signed by the individual. A guardianship can be ongoing and can provide the guardian with broad authority over an individual’s health care decisions, while a power of attorney terminates when the individual dies or if the document is revoked.

Related FAQs

What is an irrevocable trust?
How can I protect my assets during my lifetime?
How do I plan for a supported living arrangement?
What is Medicaid planning?
What is a Medicaid spend-down plan?
How can I protect my assets from nursing home costs?
What is a HIPAA waiver?
How can I ensure my elderly parent is not being taken advantage of?
What is a living will?
What is a health care power of attorney?

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

Related FAQs

Related Blog Posts