Legal Question in Elder Law in New Jersey
P.O.A. -vs- Guardianship
Can you tell me what the difference betwen P.O.A. and Guardianship is?
What power is given if a family member is both of these? Can one apply for Guardianship without the other siblings knowledge or acceptance?
Asked on 1/24/09, 12:04 pm
1 Answer from Attorneys
Nancy M. Rice, Esq., CELA
Elder Law Offices of Nancy M. Rice
Re: P.O.A. -vs- Guardianship
POA stands for Power of Attorney; it is a document which a person signs, with witnesses and a notary, which designates a person or persons to act for him/her; that person is often called an Agent. The Agent has only those powers spelled out in the document.
Guardianship is a court proceeding, which requires notice to next-of-kin, which declares the person incompetent/incapacitated and appoints a Guardian to handle that person's affairs.
Answered on 1/25/09, 11:11 am
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