What is the difference between guardianship and power of attorney?

The main difference between guardianship and power of attorney in South Carolina is the degree of control or authority each grants. A guardianship grants one person or entity (the guardian) the legal authority to make decisions and take action on behalf of a person in need of assistance, known as the ward. On the other hand, power of attorney is a legal document granting an appointed person or entity (the attorney) the authority to act in the place of the principal. Guardianship is a more powerful designation than power of attorney and preempts any other contracts or documents, such as a will or power of attorney, granting authority to act on behalf of an individual. Guardianship is generally used when a person is incapacitated or otherwise unable to make informed decisions on their own. The law governing guardianship in South Carolina requires that the court-appointed guardian to act in the best interest of the ward in all cases. Power of attorney, by comparison, is a more limited arrangement, granting authority to the attorney to act only on matters that are specified in the document itself. This document is generally used when an individual cannot be present to make decisions or take action on their own. It does not give the attorney control of the principal’s finances or property as a guardian does. Both of these arrangements are powerful legal documents and must be used with caution. It is always recommended to have a qualified legal representative to help guide you through the process.

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What is the difference between guardianship and power of attorney?

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