What is the Difference Between Guardianship and Power of Attorney?

The main difference between guardianship and power of attorney lies in the appointment process and the level of control over decision-making. Here are the key differences:

• Appointment Process: A power of attorney is a voluntary legal document that allows an individual (the grantor) to appoint someone to act as their legal authority. In contrast, guardianship is a court-appointed relationship where a guardian is responsible for making decisions on behalf of a person who is unable to do so due to mental capacity, disability, or other factors.
• Control and Decision-Making Authority: A power of attorney allows the grantor to choose who will act for them and can be limited to specific transactions or grant full power. The grantor retains the authority to make decisions on their own behalf. On the other hand, a guardianship authorizes the guardian to make all decisions for the person over which it is granted, and the guardian's exercise of rights is subject to oversight by the probate court.
• Cost: Having a power of attorney drafted is generally less expensive than a guardianship proceeding, which involves court fees and the appointment of an attorney to represent the "alleged incapacitated person".
• Selection of Guardian or Agent: In a power of attorney, the grantor chooses who they want to act for them. In a guardianship proceeding, the court chooses who will act as guardian.

In summary, a power of attorney is a voluntary arrangement where the grantor appoints someone to act on their behalf, while guardianship is a court-appointed relationship where a guardian is responsible for making decisions on behalf of a person who is unable to do so. The level of control and decision-making authority, as well as the appointment process and cost, are the main differences between the two options.

Comparative Table: Guardianship vs Power of Attorney

Here is a table comparing the differences between Guardianship and Power of Attorney:

Both Guardianship and Power of Attorney serve as tools to help someone act on your behalf if you become incapacitated, but they differ in terms of appointment, scope, oversight, and choice of decision-maker. A Power of Attorney offers more flexibility and control, while Guardianship is a more formal and court-supervised process.