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Our Firm’s Journey Toward a More Compassionate Future 5 Stunning Fall Hikes to Take This Season One Document That Protects Every Financial Decision You Can’t Make Why Teen Financial Skills Matter Now More Than Ever Turkey and Hummus Collard Wraps With Coconut Curry Sauce Guardianship vs. Power of Attorney: What Every Family Should Understand
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Planning for a future where you or a loved one might not be able to make crucial decisions is never easy, but it is one of the most meaningful steps you can take to protect autonomy, dignity, and financial security. When preparing for incapacity, understanding the differences between a guardianship and a power of attorney (POA) is essential. While both tools ensure someone can help, the way they work and the control you maintain are very different. WHAT IS GUARDIANSHIP? Guardianship is a legal arrangement created and overseen by the court. It is typically used when a person can no longer make sound decisions for themselves due to mental or physical incapacity, and no previous legal planning was done. The court appoints a guardian to decide on the individual’s personal, financial, or medical matters. There are two types: voluntary guardianship , where the individual consents, and involuntary guardianship , where the court appoints a guardian due to the individual’s inability to consent. While guardianship can offer broad authority, it comes with emotional strain, legal fees, and the loss of personal control. Guardianship may be necessary in some
situations, but most people can avoid it entirely by setting up a power of attorney in advance.
HOW A POWER OF ATTORNEY WORKS A power of attorney is a proactive legal tool that allows you to appoint someone you trust to act on your behalf in specific or general matters. Unlike guardianship, a POA is created outside the courtroom, offering more privacy, less red tape, and significantly more control. A durable POA can cover everything from managing bank accounts and paying bills to making investment decisions or authorizing medical treatments. Most importantly, you decide who acts for you and how much authority they have, down to the last detail. ACTING EARLY MAKES A DIFFERENCE Once someone loses the ability to make legal decisions, it is too late to create a power of attorney. Families are left with no choice but to pursue guardianship, which can be a slow, public, and emotionally taxing process. Contact our firm today to create a personalized power of attorney that puts your future in the hands of someone you trust. Do not wait until it is out of your hands. Let us plan ahead together.
GUARDIANSHIP OR POWER OF ATTORNEY?
WHEN LIFE CHANGES FAST, WILL YOU
HAVE THE RIGHT LEGAL PLAN IN PLACE?
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