What is the difference between guardianship and power of attorney?

In Kansas, guardianship and power of attorney are similar but distinct legal concepts. Guardianship is a legal arrangement where an adult is appointed by a court to manage the affairs of a minor or an adult who has been deemed unable to do so due to physical or mental disability. A guardianship can include making decisions about the person’s finances, health, housing, food, and other vital decisions. The guardian is answerable to the court. Power of attorney (POA) is a legal document that allows a person to designate another person to act on their behalf. The person granted power of attorney is called the attorney-in-fact and is legally authorized to make decisions in the place of the person who has given power of attorney. Unlike a guardianship, the attorney-in-fact does not need to be answerable to the court and has the authority to make decisions on behalf of the individual both during their lifetime and after their death. In Kansas, it is important to understand the differences between guardianship and power of attorney and which one you need to put in place. If you have a minor or an adult who is unable to manage their own affairs, then you will need to get a guardianship. If the person is able to make their own decisions, then power of attorney is the way to go.

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What is the difference between guardianship and power of attorney?

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