What is the difference between a power of attorney and a legal guardian?

power of attorney vs guardianship

            An individual, referred to as the Principal, appoints an Agent or Agents in a power of attorney document to conduct certain actions on behalf of the Principal.  The power of attorney may be very limited or broad in scope and may include authority to make financial transactions and health care decisions.  The power of attorney may be effective immediately or may commence upon the occurrence of a specific event such as a physician certifying that the principal can no longer conduct his or her affairs.  

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I was just appointed guardian for my mother; now what?

guardian

The First Steps

            The Court has entered a decree adjudicating your mother an incapacitated person and appointing you as plenary (permanent) guardian of her person and estate.  Now your work as a guardian begins.  The first steps in navigating these unchartered waters is to a take a deep breath and review the Court’s decree which sets forth, in part, your duties and responsibilities as guardian.  Generally this decree will order you to file with the Court an inventory (a “financial snapshot”) regarding your mother’s assets; and to file a copy of your mother’s will (in a sealed envelope) within 90 days of the date of the decree.  

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