Continue reading and reach out to an experienced Woodland Hills, California estate planning attorney to learn more about the differences between guardianship and power of attorney.
What is guardianship?
Guardianship is granted by a court when an individual no longer has the mental capacity to make proper decisions for themselves. If this occurs, an appointed person may have the legal authority to make these decisions on behalf of their loved one. In order to persuade the court to name you as guardian, you will generally have to offer some medical or practical evidence that demonstrates a substantial decline in this individual’s capacity to stay independent, thus demonstrating that they require a guardian. Once the court awards guardianship, you will have the power to make legal, financial, and medical decisions in the lives of this person.
What is a power of attorney?
There are several a number of different kinds of powers of attorney that can be used in a variety of circumstances. It is essential to understand each type because they all serve their own purpose depending on the type of individual appointed and the service that is required. The most common types of powers of attorney include the following:
- Non-Durable Power of Attorney: These are only chosen for a period of time, typically only for certain transactions. Once their services are no longer required, the non-durable power of attorney will end.
- Durable Power of Attorney: These individuals start their responsibilities when the individual becomes incapacitated. They are given full power over various parts of the person’s affairs.
- Medical Power of Attorney: This individual is appointed particularly for healthcare matters of the incapacitated. A medical power of attorney regularly starts their duties when the supervising physician consents.
- Special Power of Attorney: These individuals are used for a certain area. For example, if someone owns a business, they can choose a business partner as a power of attorney to make business-related decisions for them in the event that they become incapable.
- Springing Power of Attorney: These are used when a triggering event happens. They can either be durable or non-durable.
One of the largest differences between guardianship and a power of attorney is that you must be awarded guardianship by a California court and an individual awards you as power of attorney in their estate plan. Reach out to our firm today to speak with a skilled Woodland Hills power of attorney lawyer.
Contact our Firm
Working with an experienced estate planning attorney, such as Jaci Feldman of the Woodland Hills, California, Law Offices of Yacoba Ann Feldman, will ensure that you are taken care of when you need it most. Do not delay. Estate planning is a more urgent matter than you may think. You never know what the future holds. Contact The Law Offices of Yacoba Ann Feldman to schedule a consultation today.