I would like to know the difference between durable power of attorney and guardianship. My parents are declared incompetent and as the oldest daughter I am power of attorney #1. My brother-in-law has filed for guardianship which will go before the court next week. I approved this action because he has more time to prepare financial information. I am not concerned about him taking advantage of them financially but am concerned if I am giving up all my rights as power of attorney and am also in charge of living will. It was my understanding that guardianship was just for paying bills but he has stated a few things that have me concerned. Would the guardian have sole power to sign surgical permits or make decisions about their health care? Thank you for any information you may have. I do want to start a war in my family but do not want to give up my rights to make decisions for my parents. They are the ones who listed me POA.
1 Answer from Attorneys
There are two types of guardianship. Guardianship of the person and guardianship of the estate. Guardian of the person makes health type decisions for the individual and guardian of the estate takes care of financial decision. When you apply for guardian you must indicate if you want to be guardian of the person or the estate or both. You should determine how your brother-in-law filed his application.
The court can revoke the existing powers of attorney but does not always do so.
You should consult with an attorney who can assist you with the process and make sure that your parent's wishes are carried out.
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