The individual receiving guardianship will be able to make all decisions on your behalf, instead of limited ones that may be outlined in a power of attorney. Another difference between the two is the fact that a power of attorney can be dissolved by the individual requesting it, where a guardianship will have to be dissolved by the court.
A power of attorney is a private way to decide who will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. It is less costly than a guardianship, which is a public proceeding and the person appointed as your guardian may not be the person you would have chosen.Oct 23, 2017
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AnswerA Power-Of-Attorney Is Not The Same as Getting Guardianship
A frequently asked questionwe get is: Is guardianship the same as getting a power-of-attorney. The answer is, simply, no. A guardian is appointed by a judge, who removes your child’s rights to make certain decisions and gives that right to the guardian. It’s a serious legal proceeding that takes several months and will requir…
What Is A Power-Of-Attorney?
- A power-of-attorney is legal instrument that your child would sign that gives you (or someone else) the right to serve as his or her “agent”, which is also called an “attorney in fact”. The instrument gives the agent the legal authority to make decisions on behalf of the grantor, including legal, financial or health related. Often, a power of attorney is said to be “durable”, whic…
What Are The Benefits of A Power-Of-Attorney?
- Once given, you can make just about any decision on behalf of your child without their prior consent. And as discussed before, you can get it done without a lawyer, for pennies, and often in just a few minutes. Another good thing about a power-of-attorney is that, unlike guardianship, it does not revoke any of the grantor’s right to make decisions on their own. Further, the power-of-…
What Are Some of The Other Risks of Using A Power-Of Attorney?
- The power-of-attorney is revocable at any time. Yes, this is a benefit, but in the case of a parent who wants to help their child with healthcare and financial decisions permanently, there’s no guarantee the child won’t revoke the power-of-attorney (on their own or under the influence of someone else). Once revoked, your right to make decisions for your child would end instantly. R…
Conclusion
- While a power-of-attorney may sound like a tempting and more cost effective than guardianship, in most cases, if you have a child with an intellectual or developmental disability who needs extra help with major life decisions, it’s not a solution that you should rely on, unless you fully understand and accept the risk it creates.
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