How Is Guardianship Different From A Power Of Attorney?

As people age or become incapacitated, they may not be able to oversee their financial or personal affairs on their own. When making your estate plan, you may wish to consider naming a person who can act as your power of attorney in the event you become incapacitated or unable to handle your financial or legal affairs.  If you become incapacitated and do not have a power of attorney in place, a guardian may be appointed by a court to handle such decisions for you. Below, our St. Petersburg advance directive lawyer explains the difference between a power of attorney and a guardian.

What is a Power of Attorney? 

A power of attorney in Florida is a legal document used to give someone you trust the authority to act on your behalf in legal, financial, and other matters. The document states that your agent can make decisions for you and take certain actions on your behalf. Powers of attorney are generally used to manage property and finances, as well as health care decisions if you ever become ill or incapacitated and cannot make decisions and take actions on your own behalf.

The powers given to your agent can be broad or limited, depending on the document. Limited and durable powers of attorney are most common in Florida, but there are other types, as well. Powers of attorney are also not entirely limited to illness and incapacitation, either. For example, if you are traveling out of the country, you can draft a power of attorney that gives someone else the authority to conduct a real estate transaction for you.

What is a Guardianship? 

A guardianship in Florida is a legal process in which the court appoints someone, known as the guardian, to make decisions for someone else, the ward, who is considered incapacitated and is unable to care of themselves or their property. Guardianship can apply to development disabilities, minors, and individuals with certain medical conditions, such as dementia.

Unlike a power of attorney, establishing and maintaining guardianship is a court-supervised process. Not only does the court appoint a guardian, but the guardian must also regularly report to the court regarding the guardianship.

The process is only used as a last resort after less restrictive options, such as a power of attorney, have been used. Guardianship can be voluntary, such as when an individual is not incapacitated but they ask the court to appoint a guardian for the property. Involuntary guardianship occurs when the court determines a person is incapacitated and appoints a guardian for them.

Our Advance Directive Lawyer in St. Petersburg Can Advise On Your Case 

There are many different types of estate planning tools that can ensure you are protected and that your final wishes are fulfilled. At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive lawyers will listen to your goals, advise on the documents best suited for your estate plan and execute them properly so your legacy is protected. Call us today at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship