How does guardianship differ from power of attorney?

Guardianship is a legal arrangement typically initiated when an individual is deemed incapacitated and unable to make decisions for themselves. In such cases, a court appoints a guardian who is responsible for making decisions on behalf of the individual, ensuring their well-being and managing their affairs. This process requires legal oversight and is often necessary when someone has lost the ability to manage personal or financial matters due to factors such as illness, age, or mental incapacity.

In contrast, a power of attorney (POA) is a voluntary designation that a capable individual creates while they are still able to make decisions. The person establishes a POA to appoint someone to act on their behalf in specific or broad matters, depending on the terms outlined in the document. Since the appointment takes place while the individual is still competent, there's no need for court involvement. This fundamental distinction in the circumstances under which guardianship and power of attorney are established is crucial for understanding their respective roles and requirements.

The other options misinterpret aspects of both arrangements or confuse their fundamental nature. Guardianship being characterized as voluntary is inaccurate, as it is inherently a court-appointed process. The mention of trust in guardianship does not effectively capture the essence of its role, and the assertion about power of attorney