What is the difference between guardianship and power of attorney?
In Virginia, guardianship and power of attorney are two legal processes that can be used to authorize another person to make decisions and take actions for someone else. Both processes provide authority for someone else to act on another’s behalf, but there are some distinct differences between the two. Guardianship is a legal process in which a court grants an individual or organization the authority to make decisions and take care of a person who is mentally or physically impaired, a minor, or someone else who is unable to make decisions or take care of themselves. The guardian is appointed by the court and has full authority to make decisions on behalf of the ward (the person the guardian is appointed to take care of or represent). Power of attorney, on the other hand, is a legal document that allows another person to act on behalf of the person granting the authority (the “principal”). This authority is limited to specific matters outlined in the document and can be granted to any individual or organization. The person granting the authority can specify the scope and limits of the power they are granting. In summary, guardianship is a legal process in which a court grants an individual or organization full authority to make decisions and take care of a person, whereas power of attorney is a legal document granting limited authority to make decisions or act on behalf of the principal.
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