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There may come a time where an elderly loved one can’t make decisions for themselves. In cases like this, obtaining a power of attorney (POA) or guardianship might be necessary. For one thing, there are some differences between a power of attorney and guardianship. It’s also imperative to know what is right for your particular situation. 

Breakdown of Powers of Attorney & Guardianships for the Elderly

1. A POA Is a Document & a Guardianship Is a Relationship

A power of attorney is a legal document many people include in their estate plans. It names a trusted person to make legal-, financial-, and health-related decisions for them in the event of incapacity. A guardianship encompasses more of the relational aspects of your ability to oversee the welfare of your loved one, including their physical and emotional well-being.

You can apply for guardianship of an elderly loved one (known in legal proceedings as “the ward”) to make the same kinds of decisions granted you by a POA, but a guardianship typically involves a deeper loss of autonomy and independence for the ward.

2. A POA Is Named by the Elder & A Guardian Is Named by the Court

guardianshipThe main difference between a POA and a guardianship is who names the elderly individual's caretaker. With a POA, the elder has nominated their conservator themselves. With a guardianship, the applicant appeals to the court to name them guardian over the elder. While a POA is always preferable, not every individual has one in place as part of their estate plans, so another route like a guardianship then becomes necessary.

3. A Guardian Has to Check in With the Courts

Guardianships are monitored closely by the appointing courts. You will have to account for how you are managing the ward's money, as well as the steps you have taken to ensure they have proper care. This is simply a safety measure to make sure the ward is adequately cared for and their needs are met. A POA doesn't have this same level of commitment to daily care, so consistently checking in with a court is usually unnecessary.

 

The estate planning attorneys at The Law Offices of Katzman, Logan, Halper and Bennett, LPA, serve Cincinnati, Ohio, in all matters of will and trust issues, including POAs and guardianships. Call (513) 793-4400, or visit them online to make an appointment. You can also follow them on Facebook and Google+ to learn more about any of their services and get helpful legal tips and guidance.

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