What is the difference between a guardianship and a power of attorney?
A guardianship and a power of attorney are two different legal tools for managing the affairs of an incapacitated or elderly person. In Washington State, a guardianship is legally established when a court appoints a guardian to make decisions on behalf of someone else. The guardian is responsible for managing the person’s healthcare, living situation, finances, and any other important decisions. The court also sets limitations on the guardian’s powers in order to ensure that the person’s rights are protected. A power of attorney is a document that gives another person the authority to make decisions on a person’s behalf. The person giving authority is known as the principal, and the person that is chosen to make decisions is called the attorney-in-fact. A power of attorney can be either general, granting full authority to act on the principal’s behalf, or special, granting limited powers. Unlike a guardianship, a power of attorney is not necessarily court-ordered, though it must still adhere to the laws of Washington State. In summary, a guardianship is a legal arrangement that must be approved by a court, while a power of attorney is a form of agreement that is not always court-ordered. Additionally, guardianships can limit the powers of the guardian, while power of attorney documents can specify certain limitations. In either case, both legal tools can be used to manage the affairs of a person who is unable to do so themselves.
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