What is the difference between guardianship and power of attorney?

Guardianship and power of attorney are both legal documents used to give someone the legal authority to make decisions for another person, but there are some important differences between the two. Guardianship is a legal relationship created by a court order that appoints an individual to be responsible for the care and management of another person or their estate. Guardians are usually appointed when a person is unable to manage their affairs due to age, disability, or other circumstances. In the state of Washington, guardians are subject to court supervision and must comply with certain legal and ethical standards. Power of attorney, on the other hand, is a legal document that someone can sign to give another person the ability to act on their behalf. This document is not granted by the court and is not subject to court supervision. A person can also have a durable power of attorney, which remains in effect even if they become incapacitated. In Washington, the power of attorney document is not subject to any filing requirements, but it must be legally executed to be binding. The key difference between guardianship and power of attorney is that guardianship is overseen by the court, while power of attorney is not. Guardians must take great care and fulfill certain legal obligations, while power of attorney does not require court supervision. If you are considering granting someone power of attorney or guardianship, it is important to understand the differences between the two and determine which is best suited to your individual situation.

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What is the difference between guardianship and power of attorney?

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