Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

Medical power of attorney and guardianship are two legal mechanisms that allow someone to make healthcare decisions for another person, but they differ in important ways. Understanding these differences is crucial for individuals planning for potential incapacity or families dealing with a loved one who can no longer make their own medical choices.

A medical power of attorney, also known as a healthcare proxy, is a legal document that allows an individual (the principal) to designate another person (the agent) to make medical decisions on their behalf if they become incapacitated. Key aspects of medical power of attorney include:

– It is established voluntarily by the principal while they still have mental capacity

– The principal chooses their own agent

– It goes into effect only when the principal is deemed incapable of making their own healthcare decisions

– The agent’s authority is limited to healthcare decisions

– The principal can revoke or change the power of attorney at any time while mentally competent

Guardianship, on the other hand, is a legal relationship established by a court when an individual is deemed incapacitated and unable to make decisions for themselves. Important features of guardianship include:

• It is established through a court proceeding, often initiated by family members or healthcare providers
• The court appoints a guardian, who may or may not be a family member
• It goes into effect immediately upon court approval
• The guardian’s authority can extend beyond healthcare to financial and personal decisions, depending on the court’s ruling
• Guardianship can only be terminated by the court

The primary differences between these two arrangements lie in how they are established, the scope of authority granted, and the level of court involvement. Medical power of attorney is generally considered less restrictive and more respectful of individual autonomy, as it allows people to choose their own decision-makers in advance. Guardianship, while providing more comprehensive protection, involves a loss of legal rights for the incapacitated person and ongoing court supervision.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.