Legal Question in Family Law in Hawaii
Power of Attorney or Guardianship
My sister is being transported to a nursing home in another state. Her husband remains behind. I have been told that I will need to have ''guardianship of the person''(my sister is in a coma)papers drawn up in order to sign in her behalf for any medical procedures, etc. What is the difference between power of attorney and guardianship of the person?
Also, one sister wants to act as caregiver of the coma patient's children and plans to take them to the state where their mother will be a patient. Does the father have to sign ''power of attorney''? Thank you
1 Answer from Attorneys
Re: Power of Attorney or Guardianship
Interesting - I just finished a Guardianship of the Person in Family Court. A basic difference between guardianship and power of attorney is that you arrange for power of attorney VOLUNTARILY when you are competent. This is why in your sister's case the GUARDIANSHIP is necessary because it is granted by an involuntary court proceeding in which the judge determines an individual to be incompetent and in need of the protection afforded by guardianship. The power of attorney you possess now is very limited in scope to only medical procedures - The guardianship over the person would give you broad discretion to manage your sister's affairs. Additionally, a guardianship of the property might be needed if your sister owns property or assets that need to be managed as well. Feel free to ask any more questions.
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