What legal steps can you take to protect their well-being while respecting their wishes? In Indiana, guardianship and power of attorney are two essential tools that can help—but knowing the differences is key.
At Dillman & Owen Estate & Elder Law, we help families navigate these options with clarity and care. Whether you’re planning ahead or responding to an urgent need, our experienced attorneys will guide you toward the best solution.
What is Guardianship?
Guardianship is a protective measure ordered by the court when someone can no longer make decisions for themselves due to incapacity, such as dementia, mental illness, or a disability.
- Court-Ordered Protection: A guardian is appointed through a formal court process to make decisions on behalf of the individual (known as the "ward").
- Comprehensive Authority: The guardian may oversee personal, medical, and financial decisions, ensuring the ward’s best interests are met.
- Court Oversight: The court monitors the guardian’s actions to ensure compliance and protection for the ward.
- Guardianship Duration: Guardianship typically remains in place until the court determines it is no longer necessary, such as if the ward regains capacity or passes away.
For example, if a loved one suffers from advanced Alzheimer's disease and cannot manage their healthcare or finances, guardianship ensures someone is legally empowered to act in their best interest.
What is a Power of Attorney (POA)?
A power of attorney is a legal document that allows an individual (the "principal") to name someone they trust (the "agent" or "attorney-in-fact") to make decisions on their behalf. Unlike guardianship, this arrangement does not involve the courts unless disputes arise.
- Private Agreement: A POA is created without court involvement, making it faster and more flexible than guardianship.
- Principal’s Control: The principal decides who their agent will be and what powers they will have, such as managing finances, making medical decisions, or both.
- Revocability: As long as the principal is competent, they can revoke or change the POA at any time.
- Durable vs. Limited POA: A durable POA stays in effect even if the principal becomes incapacitated, while a limited POA only covers specific tasks or a set period of time.
For instance, if someone wants their adult child to handle their finances while they’re traveling abroad, they can create a limited POA for that purpose.
What are the Differences Between Guardianship and Power of Attorney?
The main difference between guardianship and power of attorney lies in how they’re established and the level of control they provide. Guardianship requires a court process, where a judge appoints a guardian to make decisions for someone who is unable to do so themselves. This arrangement comes with ongoing court oversight to ensure the guardian acts in the ward’s best interests.
In contrast, power of attorney is a private agreement created by the individual (the principal) while they are still competent. The principal chooses an agent to act on their behalf and specifies the powers granted, which can range from managing finances to making medical decisions. Unlike guardianship, a power of attorney can be revoked at any time by the principal, provided they are still competent. While guardianship often involves more comprehensive authority and court involvement, power of attorney offers a flexible, less intrusive option for planning ahead.
Contact Dillman & Owen Estate and Elder Law for Trusted Legal Guidance
If you’re deciding between guardianship and power of attorney, don’t wait to get experienced guidance. Contact Dillman & Owen Estate & Elder Law today for a consultation. Let us help you make the right choice to protect your loved ones’ future.
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