If something wrong that happens to you, resulting in impacting your ability to take financial or any other personal decisions for yourself, in such a situation, there is a need for someone else to take those important decisions for you. There are basically two ways in which a person can act as a legal decision-maker for others: one is known as Power of Attorney & the other is Guardianship. In this blog, we will discuss both important terms.
It is undeniable that Guardianship Attorneys help you manage everything with ease.
What is Power of Attorney (POA)?
Power of Attorney is a well-known legal document that grants someone you trust the right to make financial or any personal decisions for you. The trusted ‘attorney’ does not need to be a lawyer or any legal professional despite the name. It is optional & no one can be forced to make one. In some cases where there is no appointed attorney, in such situations, the family members may take some decisions, or one can hire the guardian.
POA is divided into two categories: one is personal care & property. For Personal Care it covers personal decisions, like housing, healthcare, nutrition, hygiene, & safety. In case you don’t have an attorney for personal care, then your family can take some of your decisions, but not all. For Property can be either continuing or non-continuing. Continuing POA for property can be used after the person who gave it is no longer mentally capable of making financial decisions themselves, in contrast to non-continuing.
The attorney for property can take decisions about financial affairs, like paying your bills, collecting money owed to you, maintaining or selling a house, or managing investments. Unlike personal care, without an attorney for property, the family cannot automatically step in to make financial decisions for you. In case you are not capable of appointing a POA & are unable to make financial decisions, then your family may go to court to obtain court-appointed guardianship.
What is Guardianship?
Guardianship is a somewhat different legal mechanism for substituting decision-makers for mentally incapable people. The Guardians are appointed by the Office of the Public Guardian & Trustee of the Court to look after an incapable person’s property or personal care. The major difference between the power of attorney (POA) & guardianship is that attorneys are appointed by mentally capable individuals. In contrast, guardians are appointed by either the OPGT or the Court for mentally incapable individuals that require another to make either personal or financial decisions for them. Incapacity mainly refers to a person being mentally unable to understand information relevant to decision-making.
Guardianship of the person is somewhat similar to POA for personal care. A guardian of the person can only make personal care decisions that the other person has been found incapable of making. As with power of attorney for property, a guardian of property is responsible for managing the incapable person’s property in ways that help them improve their quality of life. The way to become a person's guardian is to apply in court directly. If you want Guardianship Attorneys services, reach the best experts.
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