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What is Guardianship? A guardianship of the person of the child (custody); A guardianship of the childs estate (property); Or both.
A parent or a guardian of an adult incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the adult incapacitated person.
Guardians are appointed when a court determines that an individual is at risk because they cannot make decisions for themselves and there is no less restrictive way to meet the individuals needs. Guardianship may remove a broad spectrum of rights from the individual.
Normally, if mandated by a court, legal guardianship will supersede a Power of Attorney that is already in effect.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
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In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.
In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.
Unlike a power of attorney, where the grantor retains authority to make decisions on his or her own behalf, a guardianship authorizes the guardian to make all decisions for the person over which it is granted exclusive even of that person.

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