What is the difference between guardianship and power of attorney?
Guardianship and power of attorney (POA) are legal arrangements that provide someone with the authority to act on behalf of another. Guardianship is a legal arrangement that appoints a guardian to make decisions for the best interests of an incapacitated person, often referred to as a ward. The guardian is typically an individual, but could also be an organization. Guardians have the legal authority to make decisions for the ward and have control of the ward’s assets and finances. Power of attorney is a legal arrangement that gives another person the authority to make decisions for the benefits of an individual, referred to as a principal. POA grants the person, known as an agent, the authority to handle the financial and legal affairs of the principal. In Florida, guardianships are generally established for minor children or those who are incapacitated and require the assistance of a guardian while POA is usually established by an individual who is capable of making their own decisions, but needs the assistance of another when they are unavailable or incapacitated.
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