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With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
Those responsibilities may include providing for the ward's everyday needs, establishing the ward's home, maintaining the ward's personal property such as clothing or vehicles, and arranging for the ward's education, employment or rehabilitation.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
A court may appoint a guardian to care for you. However, if you establish a power of attorney (POA), you can avoid the courtroom and choose your own care person. A POA has advantages far beyond court-ordered guardianship. If you plan for your future now, you can choose who will care for you.
POWERS OF GUARDIAN: The powers that the court may transfer to the guardian of the person in full or in part include: the power to provide informed consent to voluntary or involuntary medical examination and treatment if it is in the ward's best interest. any other power the court specifically identifies.
Unless limited by court order, the Guardian of the Estate has the general power to ?perform in a reasonable and prudent manner every act that a reasonable and prudent person would perform incident to the collection, preservation, management, and use of the ward's estate to accomplish the desired result of administering ...
Any person or agency may file a petition and they are responsible for presenting the evidence of incapacity to the court. The county clerk of court must then decide at a hearing by clear, cogent, and convincing evidence that the individual lacks the requisite capacity over their persons or estate.
Guardianship does not terminate a parent's rights, so sometimes a permanent guardianship that allows visitation with a parent is in a child's best interests. If the circumstances that made the guardianship necessary may change, a temporary guardianship may be more appropriate.