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A power of attorney is a l gal document in which one person (th principal) authorizes another (the agent) to act on h s/her behalf. Financial powers of attorney llow your agent to make decisions r garding your property. Healthcare powers of ttorney allow your agent to make d cisions regarding your health care needs. A p wer of attorney permits you to ppoint someone else to manage your f nancial and business affairs when you c nnot do it yourself anymore. This d cument can be a lifesaver when cr sis situations occur after an accident or llness. The agent can do whatever the d cument allows, such as withdraw bank f nds, pay bills, cash checks, and buy and s ll real estate. The power of ttorney is less costly and more pr vate than a guardianship. Guardianship, on the ther hand, is a legal relationship wh reby a probate court gives a p rson (the guardian) the power to m ke personal decisions for another (the w rd). A family member or a fr end can initiate the proceedings by f ling a petition in the probate c urt in the county where the ndividual resides. A medical examination by a l censed physician may be necessary to stablish the individual’s condition. A court of law w ll then determine whether the person is nable to meet the essential requirements for h s/her health and safety.
A conservatorship is a legal r lationship whereby the probate court gives a p rson (the conservator) the power to m ke financial decisions for another (the pr tectee). The court proceedings are very s milar to those of a guardianship xcept the court determines whether an ndividual lacks the capacity to manage his or her f nancial affairs. If so, the court ppoints a conservator to make monetary d cisions for the individual. Often the c urt appoints the same person to act as b th guardian and conservator for the ndividual. Like the guardian, the conservator is r quired to report to the court y arly. With all this in mind, you sh uld evaluate your situation. What would you do if you c uld no longer handle your own ffairs? You may want to consult w th an attorney specializing in Elder L w, who will be able to ssist you and advise you in th s matter. By doing this now wh n you still have the time, you w ll save yourself and your loved nes heartache and financial expenses in the f ture.
The article What is the Difference Between a Power Of Attorney and a Guardianship? Which is Appropriate for Some was Submitted by William G. Hammond, JD through Articles.GetACoder.com network. Here's the additional information: About The Author William G. H mmond, JD is a nationally known lder law attorney and founder of The Alzh imer’s Resource Center. He is a fr quent guest on radio and television and has d veloped innovative solutions to guide families who h ve a loved one suffering from Alzh imer’s. For more information you can v sit his website at www.BeatAlzheimers.com .
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