Guardianship: What is it?

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What is a guardian/guardianship?

A guardian is a person appointed by the court that manages the affairs of an incapable person (someone who cannot mentally make a decision).

What is the difference between a Power of Attorney and Guardian?

You might be thinking that a Guardian/guardianship seems very similar to a Power of Attorney (POA). The main difference between the two is the following:

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A guardian is appointed when a person is already incapable and did not make a valid Power of Attorney document. 

There are two procedures for becoming a court-appointed guardian of property, “standard procedure” and “summary disposition procedure.”

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