Guardianship vs. Power of Attorney: What's The Difference?

When a person can no longer make decisions for themselves, how do they find someone who’s financially, emotionally, and physically fit to do so?

This is where important legal processes like power of attorney and guardianship come into play. Even though both carry the immense weight of deciding a person’s future, there are some key differences that differentiate the two.
The key difference between guardianship and power of attorney lies in intention. Power of attorney is a document that’s self-appointed, while guardianship happens due to a court appointment. While both decide if a person is fit to make decisions for another, a power of attorney does not require court involvement.

So, if you’re in the complex position of having to act as another’s decision maker, or the court has appointed you, you need to know which lane is right for you. Although most guardianship cases are more last resort than self-imposed, you still need to know what they entail.

In this guide, Superior Notary Services will break down the key differences between these two powerful legal processes, helping underline which is right for you. So, when it comes time to choose, you can have a notary public there whenever you need.

How Guardianship Proceedings Work

A petition for guardianship is more often than not filed by a family member of the person seeking guardianship. However, the court is often equally involved. Why? If a person is in need of guardianship, chances are the courts are aware and are actively seeking someone who can take care of them.

While most guardianship cases involve the guardianship of children, other reasons someone might seek or get involved in a guardianship case include:

• A Person Has Become Capacitated (Or Will Experience Future Incapacity)
• A Person Has Experienced a Mental Decline or Illness
• A Person Has Become Disabled
• A Person Has Been Self-Neglecting
• Financial Exploitation or Abuse
• Caregiver Disputes

For any of these reasons, a person might file or seek guardianship, immediately requiring court oversight. Then, once the petition has been filed, all necessary parties are notified, and an evaluation of capacity (no matter the type).

For cases involving minors, this just means verifying that the child does, in fact, require proper guardianship.

Because the guardianship process can be lengthy, tiring, and downright complex, it helps to have the necessary personnel present at the time of filing. A mobile notary public is a great resource to have in any guardianship, and we offer remote notaries for cases like this.

Legal Power of Attorney: The Main Takeaways

The decisions that make up a power of attorney agreement are just as complex, if not more, than those of guardianship proceedings. You’re essentially delegating the financial affairs, medical decisions, and estate planning of a person unable to make those decisions to another person entirely.

While this may feel like an overwhelming task, the process has been laid out so that the principal (person relinquishing decision-making rights) is taken care of.

If you’re in a situation that requires a POA or power of attorney document to be drafted, consider these essential stipulations before putting it into action:

• Must Be Filed & Signed While the Principal Is in Capacity
• Can Be Used to Avoid Guardianship in the Right Cases
• Can Be Limited or Expanded Within the Document

Who Files & Who Signs?

The only person who can sign a POA document is the principal. The other people involved in the case, most notably the agent or person acting as their decision maker, only need to be named within the document.

Contrary to guardianship proceedings, POA documents don’t have to be court-affirmed. They can be drafted, signed, and validated in the same sitting.

You do need an authorized notary public to validate the document at the time of signing. Superior Notary Services can deploy a notary in your state to be present for your signing.

While this piece of the process is widely overlooked, it’s an essential that guarantees case longevity. Your notary public will, if asked, make copies of the document and provide them to relevant institutions. If you’re seeking a POA for medical purposes, any hospital or medical office involved in the principal’s medical care must be notified.

Why The Difference is Important

The legal and financial matters involved in both of these processes are delicate. One wrong move, and somebody’s left without control, autonomy, or money. Knowing the key differences is not enough. You need to know what some inconsistencies take each proceeding from powerful to invalid.

When or if the time comes to file, understanding these key differences can help create a positive outcome for everyone involved, such as:

Control

In a POA case, you (or the principal for the case) decide who will take over. For guardianship cases, that is 100% court-appointed. POA filers have the power to make decisions for themselves, as they act as the main decision maker for their own future.

Autonomy

Guardianship decisions are final in most cases, meaning once a legal guardian has been appointed, they cannot be changed or opt out. However, in POA cases, the principal can almost always void the document if they change their mind.

Cost

Power of attorney documents are rather cheap to file because there is zero court involvement required. You can set one up for anywhere between 30 to 100 dollars, depending on notary’s presence.

Guardianship is a little more costly because it’s court-based and requires multiple stages to resolve. Although it differs by state, the average case can cost up to $3,000.

Court Involvement

The pivotal difference is court involvement. As previously stated, POA proceedings are handled by the principal at large, while guardianship cases cannot happen without court and or government involvement.

How a Notary Public Can Help

A notary public is a useful tool for the signing and/or validation of most legal documents, including the paperwork required for guardianship or power of attorney filings. Because the legal relationship between living documents and their reinforcers can only be sealed by a notary, their presence is not only necessary but required.

Whether you’re seeking a notary to act as court intervention during a dispute, or you need someone to validate that your document has the correct names written on your medical power of attorney document, a remote notary public is the person to lead the charge.

You may benefit from the durable power of a notary public for both a power of attorney and a guardianship proceeding. Here’s how:

Guardianship

When involved in a guardianship case, a notary can do a few impactful things:

• Notarizing Guardianship Forms
• Notarizing Consent Waivers
• Supporting Time-Sensitive Filings
• Verifying Signatures on Other/Supporting Documents

Power of Attorney

For power of attorney cases, notaries have a bit more influence, as one of the main reasons you need a notary present is to validate the document itself. A POA document cannot be processed without a notary’s signature (or stamp). It must also:

• Verify All Identities (Principal, Agent, Etc.)
• Confirm Willingness and Awareness
• Notarize the POA Document
• Reduce Court Challenges/Inconsistencies

Finalize Your POA or Guardianship Proceeding with Superior Notary Services

An easy way to make sure you have the legal tools you need to continue either of these life-changing proceedings is to guarantee that a notary professional is on site. Instantly, you have legal authority to help navigate the complexities of each document.

Healthcare decisions, disputes over mental capacity, and other sensitive topics can all be gracefully handled by a knowledgeable remote notary from Superior Notary Services . Choose from our 50,000 remote and mobile notaries and find one that suits your time and location needs with ease.

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