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What is the difference between a Power of Attorney (POA) and Guardianship in West Palm Beach?

Uncategorized Oct 30, 2015
post about What is the difference between a Power of Attorney (POA) and Guardianship in West Palm Beach?

Everyone knows that there are a ton of retirees in West Palm Beach and  Florida in general. Did your parents retire down here? Are you concerned with protecting your loved ones as they age? There are a number of ways to protect your family without babysitting them. You may want to consider a power of attorney or alternatively seeking guardianship. Do you know the difference between the two?

What is a Power of Attorney?

  • What does a power of attorney do?
  • What is the difference between a regular power of attorney and the durable one that my kids want me to sign?
  • A power of attorney (POA) is a written authorization to represent or act on another’s behalf in private affairs.
  • The person who authorizes this is known as the principal, grantor or donor.
  • The one authorized to act is the agent or sometimes attorney-in-fact.
  • These require the consent of the person giving up the power.
  • Look at how that is different from a guardianship. 

What is Guardianship in West Palm Beach?

  • Guardianship in West Palm Beach is a process created by the legislature and run by the probate courts of the state.
  • The goal is to protect those at risk of abuse because they are young or incompetent.
  • The point is the same as a POA, you need someone to take over and manage for someone who cannot do it themselves.
  • The big difference is that a POA is signed willingly.
  • When it comes to a guardianship usually you will have to petition the probate court for appointment of a guardian.
  • The ward or person the Court will give a guardian is then asked to be examined for competence, unless they are a minor.
  • If you have an elderly relative who needs care that refuses to use a POA then guardianship may be the key to protecting them.
  • Have you talked to an experienced guardianship attorney in West Palm Beach?