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What is the Difference Between a Power of Attorney and a West Palm Beach Guardianship?

Uncategorized • Dec 7, 2015
post about What is the Difference Between a Power of Attorney and a West Palm Beach Guardianship?

Are you upset with the current set up where your elderly parents manage  the family wealth through a family trust?Are you also trying to avoid future problems with Florida probate litigation? Talk to yourFlorida trust lawyer to learn the different alternatives for your elderly parents. What is the difference between a power of attorney and a formal guardianship?

Power of Attorney

  • Estate lawyers in Florida like to use a power of attorney in lieu of a guardianship in some cases do you know why?
  • A power of attorney can be entered into anywhere – you do not need a probate judge.
  • Probate litigation attorneys in West Palm Beach do not need to be involved, you can actually do this yourself, but I would not recommend it.
  • A Florida probate lawyer can make sure that it is done right.
  • This document entrusts a person as an attorney in fact over another person and can be as broad or narrow as desired.
  • It may relate only to health care choices.
  • It may relate only to financial issues.
  • On the other hand it could be very broad and act almost like a guardianship.
  • So what are the differences?

Guardianship

  • If you want to pursue a Florida guardianship you are probably going to need a Florida estate lawyer.
  • This is a formal proceeding involving the Florida probate court and can in some instances almost act as an non- consented power of attorney.
  • I say this because it has the same goals and powers (not to mention responsibilities) but on the other hand, it also can be done with an unwilling ward.
  • A ward is the person who the guardian looks after.
  • Probate attorneys Florida can serve as guardians or you may choose to appoint a relative or other professional third party.
  • You will have to petition the Court for guardianship which makes it different from a power of attorney which can be entered into with some signatures.
  • What other differences are there to be aware of ?
  • Talk to Florida estate attorneys to learn the differences and see which one is right for your family.

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