I received another great question from one of our newsletter subscribers this week. This person asked if they could get a health care proxy and power of attorney instead of a guardianship.
Health care proxy, power of attorney, and guardianships all grant an individual the ability to make decisions, usually medical or financial, for another person. However, the process of establishing power of attorney and health care proxy is quite different than petitioning for a guardianship.
I might consider setting up a health care proxy and power of attorney for myself. After all, I’m 53, starting to get up there, and I should make choices about who will make medical and financial decisions for me if one day I lack the capacity to do so.
I can ask my law partner, Audra, to be my power of attorney, meaning that she can make financial decisions, control my money, and manage my property if I cannot make rational decisions for myself.
If I appoint her as my health care proxy, she has the power to make medical decisions for me if, for example, I’m seriously injured or ill and am unable to make my own health care choices.
Health care proxy and power of attorney are powers that are granted while I still have the capacity to make rational decisions for myself. This is not the case in a guardianship.
A guardianship can be granted when an individual petitions the court for authority to make medical or financial decisions for someone that does not have the capacity to make rational decisions for themselves.
Perhaps they have lost that capacity due to debilitating injury or mental illness, but at the time that the guardianship is granted, they are unable to make those choices for themselves.
If you have questions about estate planning or protecting your loved ones,
the team at Drug and Alcohol Attorneys can help.
561.419.6095
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Call anytime, day or night, to set up a free consultation.
It’s always a good idea to be prepared for whatever the future might bring. We’d be glad to talk to you about establishing a health care proxy or power of attorney anytime.
