Legal Question in Elder Law in Kentucky

Difference

What is the difference between Power of Attorney and Guardian?


Asked on 3/25/02, 8:10 pm

1 Answer from Attorneys

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: Difference

Briefly, a Power of Attorney is a voluntary written agreement

in which Person #1 (the "Principal") grants to

Person #2 (the "Agent") the authority to handle certain

matters, typically financial transactions.

A Guardian (of an adult) is appointed by a court

after a jury trial in which an individual is found

to be either partially or fully "disabled" (in

a legal, not medical sense). The Guardian's powers

may include authority to make financial, personal

or both types of decisions for the "disabled"

individual.

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Answered on 3/25/02, 9:27 pm


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