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Guardianships and Powers of Attorney: What You Need to Know

The course of life is uncertain. No one can predict what the next moment of life will unfold. You can lose your independence at any time owing to an accident, sickness, or any sort of mental decline that is more common nowadays.

Now, a few questions, such as who will take care of your business and who will hold the power to act or make a decision on your behalf, make sense if anything unfortunate happens. Only you can choose the best for you. Is anyone able to take charge of your responsibilities?

These are questions of survival even in your absence. Now is only a good time when you need to get the answers to these above-mentioned crucial questions. If you don’t prepare and communicate your wishes promptly, the court must intervene and choose a name or group as your guardian. The court makes decisions based on facts that barely involve emotions. It’s possible that you won’t feel comfortable or respected by this person.

Consequently, you can lose control over your life and future. The law provides two legal documents to help you avoid such scenarios: guardianship and powers of attorney that can be considered for the betterment of your future. These legal tools will empower you to take care of all your affairs that you need when you are incapacitated. They can safeguard your freedoms, dignity and worth while assisting you.

What is Guardianship?

Life is unpredictable, sometimes making it challenging for people to make substantial choices independently. They might be infirm, aged, or crippled. At such a point, guardianship is useful. A guardian can legally make choices on your behalf through guardianship. It might have to do with your happiness, wealth, or health. It is like a reliable acquaintance who can care for your business and possessions when necessary. Guardianship can only be established by court order following a proper hearing where evidence is provided to demonstrate the necessity for and suitability of the proposed guardian.

What is power of attorney?

Just imagine offering someone you trust, who is aware of your needs and preferences, control of your life. That is the meaningful objective of a Power of Attorney (POA). Being a legal document POA allows you to choose and appoint someone trustworthy to act as your agent or attorney-in- fact in situations of need. Only you can decide the level of authority you want to give depending upon your circumstances and requirements. The authority can be the minimal authority to make recommendations for you when you are not capable of as much as you want.

The bottom line

You know yourself, your needs, and your choices better. There are so many options when deciding between guardianship and powers of attorney. Your current situations, interests, goals, and needs are the underlying factors in choosing the most suitable guardianship and POA.

You are wise enough if you make your wishes known in way advance before it’s late to handle. Consult an experienced, qualified estate planning lawyer in New York if you need assistance setting up a guardianship or power of attorney or have any further questions.