Legal Question in Elder Law in New Jersey

Re: Guardianship

Simply put and very generally speaking, a general power of attorney (as opposed to a specific power of attorney) typically gives a person authority to handle the financial affairs of another in addition to the person granting the power, not instead of that person. This power exists from the time it is granted and, if it's a durable power of attorney, extends even beyond the person's incapacity. It grants the person given the POA the authority to act in all financial affairs as if they were the person who gave them the Power of Attorney.

Again speaking generally, guardianship is obtained over a person who no longer has the capacity to care properly for him or herself and no longer is capable of making his or her own decisions. The guardian obtains the power to make all decisions, financial, health or otherwise for the guardian. It takes away the guardian's right to make his or her own decisions. Further, it also gives the person who obtained the guardianship significant responsibilities for the guardian.

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