Do You Know the Difference Between Guardianship and a Power of Attorney in West Palm Beach?
Do you have elderly parents retiring to West Palm Beach? Are you concerned about their welfare and finances? Experienced Palm Beach probate litigators know that there are ways to protect your elderly relatives and still let them enjoy life outside of a nursing home or similar set up. Do you understand the difference between guardianship and power of attorney in West Palm Beach?
Guardianship
- When you petition the West Palm Beach probate court for guardianship you are asking them to appoint a guardian ad litem.
- That person will serve as the guardian over the individual.
- That being said there is a wide latitude with regards to what you actually give a guardian power over.
- For example a plenary guardian has total control.
- They can decide where the person goes, who they see, how they spend their money and more.
- They may need Court permission to do certain things.
- For example, selling property may require a Court Order in West Palm Beach.
- Other guardians may be even more limited.
- For example a guardian may be limited to financial control to ensure that someone is protected.
- This would leave your parent’s social lives up to them.
- How does this differ from a power of attorney?
- Mainly the difference is in how you get the power to control the person.
- A guardianship is a Court proceeding where you ask the Court to determine someone is incapacitated.
Power of Attorney
- A power of attorney cannot be entered into if the person lacks capacity but otherwise this is a good option.
- A power of attorney like a guardianship is flexible.
- The main difference is that you cannot petition a West Palm Beach probate court for this power your parents will have to sign it over to you.
- These are also a great way to ensure that your parents are protected into their old age from scammers and other abuses in West Palm Beach.
- Do you know what has to go into the Power of Attorney form for it to be valid?
- Did you know certain forms have to be filed with the State if the power will be used to sell or buy real estate?
- Experienced Palm Beach probate litigators know how to get these forms right the first time.