The question is seemingly simple; but the answer is more complex. At this point we would like to point out how important it is to ensure that a power of attorney is properly drawn up in order to avoid additional measures, including a guardianship order, in the future.
But let’s get back to the basics first and look at powers of attorney and guardianship and how they differ from each other.
The main differences between powers of attorney and guardianship
It is a common misconception that when you are no longer able to make your own decisions, your family or friends will automatically step in and help you. The reality is that in this scenario there is no legal authority for anyone to speak on your behalf.
Powers of attorney – plan ahead quickly and easily
A Power of Attorney is a quick, inexpensive solution that you can use to appoint someone (or individuals) to make decisions about your assets and finances, as well as your health and well-being, when you are no longer able to control your own business regulate. You must be authorized to issue a power of attorney. Prepare a power of attorney now to ensure that the decision-making authority, should the need arise, lies in the hands of the people you trust.
When may I need a guardianship order?
Your attorney only has the powers that you have listed on the certificate of appointment. If your attorney is facing an issue that he has no authority to deal with, he cannot act on your behalf. In this case, it may be necessary to seek additional powers from the Sheriff Court so that your interests can be safeguarded by applying for a guardianship order (or an intervention order if a one-time authorization is required). Again, the sheriff only grants additional powers if this is to your advantage. In this case, the guardianship or intervention order coexists with the power of attorney and both are used together.
The importance of a properly drafted power of attorney
There should be no guardianship requirement when you have a power of attorney, provided that it is well-worded and includes wide-ranging, flexible powers. A properly drafted power of attorney is intended to ensure that the lawyer is able to protect your financial and property interests as well as your health and well-being in any situation that might arise in the future.
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