What is the difference between guardianship and power of attorney?
The difference between guardianship and power of attorney in New Jersey is significant. Guardianship is a legal relationship between a person (the guardian) and a minor (the ward) established by a court. The guardian is responsible for making decisions regarding the minor’s care and welfare and must act in the best interest of the ward. Generally, guardianship is granted when the minor has no parent or other legal guardian available to make decisions on their behalf. Contrastingly, power of attorney is a legal document that allows an adult to appoint someone to act on their behalf. This document gives the appointed person the power to make decisions and sign documents on behalf of the adult. The document terminates upon death, disability, or revocation and doesn’t require court involvement. Unlike guardianship, power of attorney does not involve oversight by the court. In summary, guardianship is a legal relationship between a person and a ward that is established by a court, and the guardian is responsible for decisions regarding the minor’s care and wellbeing. Power of attorney is a legal document that gives a person the power to make decisions and sign documents on behalf of an adult and does not require court involvement.
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