What is the difference between guardianship and power of attorney?

The primary difference between guardianship and power of attorney in Texas is in the level of legal authority granted. Guardianship is a legal process in which a court appoints an individual, known as a guardian, to make decisions on behalf of an individual who may not be able to make their own decisions. Appointing a guardian typically entails court hearings, and once a guardian is appointed, the court will provide direction and oversight as to the scope of the guardian’s authority. Power of attorney (POA), on the other hand, is a contractual agreement between two parties that grants the attorney-in-fact (the person with POA) the authority to make legal decisions on the behalf of the principal (the person granting the POA). The authority granted to the attorney-in-fact can be either general or limited. With a general POA, the attorney-in-fact would have broad authority to make legal decisions on behalf of the principal, while a limited POA would grant authority to make only specific decisions. A POA does not require court involvement. In summary, guardianship is a legal process whereby a court appoints a guardian to make decisions on behalf of a person, while power of attorney is a contract between two parties granting the attorney-in-fact authority to make legal decisions on behalf of the principal.

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What is the difference between guardianship and power of attorney?

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