When thinking about preparing for tomorrow and making sure your family is taken care of in case you can’t make decisions due, to a health issue or incapacity two legal tools are commonly used; Guardianship and power of attorney play roles in handling the matters of individuals who’re unable to decide for themselves anymore; it’s important to grasp the distinctions between these two, for sound legal and personal planning purposes. At Hartman Law Firm located in Oklahoma City we are equipped to assist you with both situations.
What does Power of Attorney mean?
Having a power of attorney (POA) which’s a paper granting someone the power to make decisions for another person, in certain situations like finances or health matters as indicated in the document terms – is essential to know about these roles; the principal who initiates the POA and the agent or attorney, in fact assigned to make decisions on their behalf. Powers of attorney can be restricted to tasks or long lasting remaining valid even if the person granting it is unable to make decisions.
What does the concept of guardianship entail?
Guardianship refers to an arrangement approved by the court where one individual is authorized to make choices for another who cannot do so themselves due, to reasons such as being a minor or having disabilities or mental health challenges. In contrast to a power of attorney that can be canceled by the person granting it while they are of mind and capacity at any time; Guardianship is more enduring and necessitates proceedings, for initiation or cessation.
Notable Contrasts
- A Power of Attorney is a choice made by two individuals voluntarily whereas Guardianship is authorized through a court decree.
- Power of Attorney can be temporary. Withdrawn anytime while Guardianship usually lasts until a court decides to end it.
- Power of Attorney can be tailored to focus on aspects, like finances or healthcare individually or collectively; in contrast, to Guardianship which typically grants the guardian control over both personal and financial affairs.
- Many people opt for Power of Attorney when they are capable and wish to ensure their desires are respected and fulfilled. Guardianship becomes necessary when an individual loses the ability to make decisions and needs someone to take charge without seeking their approval.
Deciding Between Options
Deciding whether to opt for Guardianship or power of attorney hinges, on the situation of the person in question. If you’re looking ahead and aiming to maintain autonomy in decision making down the line choosing a power of attorney might be a fit. Alternatively if a family member is presently unable to make choices due, to incapacity pursuing Guardianship could become essential.
In summary
It’s important to know the differences, between Guardianship and power of attorney to be ready for any shifts in health and ability that may affect individuals and their families alike. Discuss your requirements with an expert to feel reassured that you’ve thoughtfully chosen what’s best for yourself and your loved ones. Whether you decide to go with power of attorney or Guardianship or even both options in place is a move, towards an well supported future.
If you are in need of legal services pertaining to guardianship or power of attorney feel free to let our Oklahoma City Family Law Practice know how we can help.