What is the difference between guardianship and power of attorney?

Guardianship and power of attorney are two legal concepts that are often confused. In Alaska, guardianship is a legal relationship between a court-appointed person called a guardian and a ward, who is usually an incapacitated adult or minor. The guardian is responsible for making decisions about the ward’s care and wellbeing. In contrast, power of attorney is an arrangement in which one person, called a principal, gives another person, called an agent, the legal authority to make decisions on their behalf and take action in their name. The primary difference between guardianship and power of attorney is that guardianship is generally court-ordered while power of attorney generally is not. Additionally, the scope of guardianship is often broader than that of power of attorney. A guardian takes on the responsibility for the wellbeing of the ward and has the authority to make decisions on their behalf. In contrast, an agent typically is only given the power to act on behalf of the principal in specific and limited ways, such as making financial decisions or managing their real estate. Finally, guardianship generally is permanent while power of attorney can be revoked at any time and is not necessarily indefinite. A guardian’s authority usually lasts until the ward passes away or until a court order is filed to terminate the guardianship. On the other hand, power of attorney can be terminated at any time by the principal.

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What is the difference between guardianship and power of attorney?

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