The difference between power of attorney (POA) and guardianship relates to whether you select an individual to act on your behalf or have someone chosen for you.
With POA, you decide on a person to make decisions for you if you reach a point where you can no longer do so. In a guardianship, the court appoints a person to maintain control over your finances and care.
A Long Term Disability lawyer could provide insights into the difference between a power of attorney and guardianship. Along with this, they can assist you if your Long Term Disability benefits request is denied and you want to appeal the decision against you.
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What Is Power of Attorney?
A power of attorney refers to a legal document that authorizes someone to act as a principal for you. If you become incapacitated and cannot make decisions for yourself, your principal can step in as your decision-maker.
With power of attorney, you could appoint a family member, friend, or another trusted party to serve as your principal. You could have a principal as your healthcare or financial POA. This principal will be able to act for you within the scope of the specifications you set for them.
Those coping with a Long Term Disability could benefit from power of attorney. A Long Term Disability attorney can answer any questions you have POAs. They can also explain if Long Term Disability can be garnished and similar topics relative to your situation.
For a free legal consultation, call 800-562-9830
What Is Guardianship?
The court can establish a guardianship in which a person (guardian) is authorized to make decisions for someone else (ward). In a guardianship, the court deems the ward is dealing with a disability or incapacity that keeps them from making sound personal, healthcare, or financial decisions.
A guardianship can be voluntary or involuntary. As you learn about the differences between power of attorney and guardianship, it could be beneficial to meet with a Long Term Disability lawyer.
They can provide details about what guardianship is and whether this or a POA could be put into effect based on a Long Term Disability.
Your attorney wants you to understand how a power of attorney differs from a guardianship. In addition to teaching you about both of these, they can share information about the timeline for Long Term Disability claims and what it takes to get a benefits request approved.
What Is the Difference Between a Guardianship and a Power of Attorney in the United States?
You could use a power of attorney to appoint someone to manage your finances if a Long Term Disability causes you to become incapacitated. In this scenario, your principal could have access to your bank accounts and myriad assets and decide on the medical care you receive. You control your POA and can give a principal as much authority as you deem necessary.
On the other hand, you could willingly allow the court to appoint a guardian to manage your affairs due to Long Term Disability. Or the court could name someone as your guardian if it believes doing so is in your best interests. In either situation, your guardian is responsible for your health, well-being, and finances.
An attorney with relevant Long Term Disability case experience can teach you the difference between how a power of attorney and a guardianship work. They can discuss this difference and offer various Long Term Disability FAQs.
Which Is Better: Power of Attorney or Guardianship?
Generally, a power of attorney is a superior option in comparison to a guardianship. It gives you the flexibility to choose who you want to serve as your principal and the level of control you want to provide them over your affairs. On top of that, a power of attorney does not require court involvement.
Every personal, health, and financial situation is unique — a power of attorney or guardianship could benefit you depending on your circumstances.
Consult with a lawyer who is familiar with both options to learn about each one and how they could impact you. Your attorney can address the differences between a power of attorney and a guardianship in depth.
If you have a Long Term Disability, account for this as you weigh the pros and cons of power of attorney and guardianship. A Long Term Disability attorney could provide free eBooks and other resources to help you make an informed decision regarding these options.
Get Legal Help as You Evaluate the Difference Between a POA and Guardianship
It can be overwhelming to think about power of attorney and guardianship. If you are unsure of how a power of attorney and a guardianship are different, seek legal advice.
Talk to an attorney who knows about POAs and guardianships to get the insights you need to determine if either option is the right one for you.
Marc Whitehead & Associates has earned 1,500 five–star reviews. Our team commits the time and resources to describe what to expect with a guardianship or POA. Schedule a consultation with us.
