What is the difference between guardianship and power of attorney?

The difference between guardianship and power of attorney is based upon the responsibilities and authority granted to each. Guardianship is a court-supervised relationship. This gives a legally appointed person, known as the guardian, the authority to make important decisions on behalf of someone else, known as the ward. The guardian is responsible for the protection and well-being of the ward, including the care of the ward’s physical and medical needs. Power of attorney, on the other hand, is a voluntary arrangement. As such, it is less formal. By signing a power of attorney document, the person granting power of attorney gives another person, known as the attorney-in-fact, authorization to make certain decisions on their behalf. The attorney-in-fact is not responsible for the physical care or well-being of the grantor. Instead, the attorney-in-fact is limited to making decisions specified in the document, such as paying bills or managing investments. Both guardianship and power of attorney are important legal arrangements. However, it is important to understand the roles and responsibilities of each. In New York, guardianship is established through a court order. Power of attorney, on the other hand, is created through a written agreement. It is important to understand the difference between these two important legal documents in order to ensure that your interests and those of any ward or grantor are properly represented.

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What is the difference between guardianship and power of attorney?

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