Guardianship and power of attorney (POA) are two legal tools that help manage the affairs of individuals who cannot do so themselves. While both allow someone to make decisions on behalf of another person, they serve different purposes and involve different legal processes.
How guardianship works
A guardianship is a court-appointed role in which a guardian makes decisions for a person who is unable to manage their own affairs. This may include minors, elderly individuals with dementia, or people with disabilities. Guardianship can be full or limited, depending on the needs of the individual. The court supervises the guardian’s actions to ensure they act in the best interest of the person under their care.
How power of attorney works
A power of attorney is a legal document that grants one person, known as the agent or attorney-in-fact, the authority to act on behalf of another person, called the principal. Unlike guardianship, a POA does not require court approval. The principal voluntarily sets up a POA while still capable of making decisions. A POA can be general, covering all financial and legal matters, or limited to specific tasks. Some POAs become active only if the principal becomes incapacitated.
Key differences between guardianship and power of attorney
One major difference between these two options is how they are established. Guardianship requires a court process, while a POA is a private agreement. Additionally, guardianship is typically permanent unless a court determines it is no longer necessary. In contrast, a POA remains valid only as long as the principal is alive and has not revoked it.
Deciding between guardianship and a POA depends on the individual’s situation. A POA allows someone to plan ahead and select a trusted person to act on their behalf. Guardianship is necessary when no prior arrangements exist, and a person is no longer capable of making decisions.
