What is the difference between guardianship and power of attorney?

The difference between guardianship and power of attorney in North Dakota is significant. Guardianship is a legal relationship in which a court appoints an individual to have the duty and power to care for another person, called a ward. This person is typically a minor, incapacitated adult, or a person suffering from a developmental disability. In contrast, power of attorney is a document that gives an individual the legal authority to act on behalf of another person, who is called a principal. Power of attorney is typically used when a person is not incapacitated or unable to make decisions for themselves. With power of attorney, the principal grants authority to an agent to take certain actions on their behalf. In North Dakota, guardianship requires an appointment by the court, while power of attorney does not. There are numerous safeguards in place to protect wards under a guardianship, such as regular court and agency review of the guardianship and any decisions made on behalf of the ward. Additionally, in North Dakota, guardianship may only be initiated by a court and requires a hearing, while power of attorney is a private document and does not involve any court proceedings.

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What is the difference between guardianship and power of attorney?

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