whats the difference between a power of attorney and gaurdianship?

Answer 1

Power of attorney only gives someone selective powers over another (medical power of attorney, or financial power of attorney). Guardianship gives another the right to make all decisions for another. They are responsible for their well being and care, as well as responsible for speaking for the person. They are a full representative of the person that they are the guardian for. They are financially, medically, and personally responsible for the other.

Answer 2

power of attorney Also found in: Dictionary/thesaurus, Financial, Acronyms, Wikipedia, Hutchinson 0.04 sec.
Sponsored links
394,835,104 people served. set as home page add to favorites join mailing list webmaster tools

TheFreeDictionary Google
?
Word / Article Starts with Ends with Text

subscription: ?
Dictionary/
thesaurus Computing
dictionary Medical
dictionary Legal
dictionary Financial
dictionary Acronyms
Idioms Columbia
encyclopedia Wikipedia
encyclopedia ? Hutchinson
encyclopedia

power of attorney Also found in: Dictionary/thesaurus, Financial, Acronyms, Wikipedia, Hutchinson 0.04 sec.
Sponsored linksPower of Attorneys Online
LegacyWriter offers customized power of attorneys nationwide. The process takes ten minutes. Print your completed document immediately or receive by mail.
www.legacywriter.com
Fast and Reliable Power of Attorney
Save time and money with LegalZoom. Featured by USA Today and CNN. LegalZoom is your personal online legal service center. It was created by top attorneys to save you time and money.
www.legalzoom.com
Online Power of Attorney Form
Online Power of Attorney form lets you create a legal contract allowing a person to act on the behalf of another. Easy to use and customizable to meet your situation. Save time and money.
www.lawdepot.com ?Page tools
Printer friendly
Cite / link
Email
Feedback

Get a t-shirt of "power of attorney"power of attorney n. a written document signed by a person giving another person the power to act in conducting the signer's business, including signing papers, checks, title documents, contracts, handling bank accounts and other activities in the name of the person granting the power. The person receiving the power of attorney (which means agent) is "attorney in fact" for the person giving the power, and usually signs documents as "Melinda Hubbard, attorney in fact for Guilda Giver." There are two types of powers of attorney: a) general power of attorney which covers all activities, and b) special power of attorney which grants powers limited to specific matters, such as selling a particular piece of real estate, handling some bank accounts, or executing a limited partnership agreement. A power of attorney may expire on a date stated in the document or upon written cancellation. Usually the signer acknowledges before a notary public that he/she executed the power, so that it is recordable if necessary, as in a real estate transaction.



Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
Sponsored linksElder Law Answers
Legal answers concerning the elderly, Medicaid, Medicare, plus a listing of pre-qualified experts who can help seniors one-on-one with living trusts, wills, power of attorney, care concerns.
www.elderlawanswers.com
Professional Power of Attorney - $10.00
Prepare your power of attorney and print out signature ready. Not generic fillable forms.
www.willsforamerica.com
Power of Attorney - $7.95
Download your state's power of attorney forms. Forms are set up for you to simply type in the necessary information with your computer and print.
www.legalformsbank.biz
Legal browser ? ? Full browser

post mortem
postdated check
pot
pour over will
power
power of acceptance
power of appointment
power of attorney
practicable
practice
pray
prayer
precatory
precedent
predecease



Power nap
Power napping
Power naps
Power network
Power network design (IC)
Power Nine
Power Nine (game)
Power noise
Power noize
Power Now!
Power number
Power Numbers
Power of 2
Power of 5
Power of a method
Power of a point
Power of a point
Power of a point theorem
power of acceptance
Power Of Ambition
power of appointment
power of appointment
power of appointment
Power of arrest
power of attorney
Power of Attorney (TV show)
Power of Attorney of Property
Power of Darkness
Power of Dreams
Power of Evil
Power of humans on demons
Power of hydrogen
Power of hydrogen
Power of hydrogen
Power of hydrogen
Power of hydrogen
Power of hydrogen
Power of Inner Strength
Power Of Love
Power of Love (album)
Power of Love (Celine Dion song)
Power of Love (Harry and the Potters album)
Power of Nightmares
Power of Omens
Power of One
Power of Persuasion
Power of Persuasion (Buffy novel)
Power of point
Power of Pure Intellect






TheFreeDictionary Google
?
Word / Article Starts with Ends with Text

Free Tools: For surfers: Browser extension | Word of the Day | Add the dictionary to favorites | Help
For webmasters: Free content NEW! | Linking | Lookup box | Double-click lookup | Partner with us

Disclaimer | Privacy policy | Feedback | Copyright © 2006 Farlex, Inc.All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.
Power of Attorneys Online
LegacyWriter offers customized power of attorneys nationwide. The process takes ten minutes. Print your completed document immediately or receive by mail.
www.legacywriter.com
Fast and Reliable Power of Attorney
Save time and money with LegalZoom. Featured by USA Today and CNN. LegalZoom is your personal online legal service center. It was created by top attorneys to save you time and money.
www.legalzoom.com
Online Power of Attorney Form
Online Power of Attorney form lets you create a legal contract allowing a person to act on the behalf of another. Easy to use and customizable to meet your situation. Save time and money.
www.lawdepot.com ?Page tools
Printer friendly
Cite / link
Email
Feedback

Get a t-shirt of "power of attorney"power of attorney n. a written document signed by a person giving another person the power to act in conducting the signer's business, including signing papers, checks, title documents, contracts, handling bank accounts and other activities in the name of the person granting the power. The person receiving the power of attorney (which means agent) is "attorney in fact" for the person giving the power, and usually signs documents as "Melinda Hubbard, attorney in fact for Guilda Giver." There are two types of powers of attorney: a) general power of attorney which covers all activities, and b) special power of attorney which grants powers limited to specific matters, such as selling a particular piece of real estate, handling some bank accounts, or executing a limited partnership agreement. A power of attorney may expire on a date stated in the document or upon written cancellation. Usually the signer acknowledges before a notary public that he/she executed the power, so that it is recordable if necessary, as in a real estaCopyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
Sponsored linksElder Law Answers
Legal answers concerning the elderly, Medicaid, Medicare, plus a listing of pre-qualified experts who can help seniors one-on-one with living trusts, wills, power of attorney, care concerns.











USLegalForms.com - More Than 750,000 Satisfied Customers

Location: Home » Legal Definitions » G » Guardianship
Guardianship Law and Legal Definition

--------------------------------------------------------------------------------


A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults. Sometimes called a conservatorship. To become a guardian of a child either the party intending to be the guardian or another family member, a close friend or a local official responsible for a minor's welfare will petition the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. The judge does not have to honor the request when someone is named in a will as guardian of one's child in case of the death of the parent, it is construed as a preference, but is usually honored. The term "guardian" may also refer to someone who is appointed to care for and/or handle the affairs of a person who is incompetent or incapable of administering his/her affairs. Guardians must not benefit at the expense of those they care for (wards), and in many cases are required to make accountings to the court on a periodic basis. In some courts, a guardian may be reimbursed for attorney fees related to the guardianship. Court rules regarding accountings of expenses and requirements of guardians vary and local court rules should be consulted.

In some states, if the child is a certain age or older, the court must appoint the person nominated by the child unless the court finds the nomination contrary to the child’s best interest. The court may not appoint a person against whom the child has filed a written objection. In adult guardianships, the judge is often required to make a reasonable effort to consider the preference of the person with a disability in selecting the guardian. The judge typically does not have to follow the person's wishes, but must give due consideration to the preference of the person with a disability. Laws vary by jurisdiction, so local laws should be consulted for specific requirements in your area.

A guardianship of a child takes away the parents' right to make decisions about their child's life. However, it does not permanently terminate parental rights. This means that although the guardian now has custody and is responsible for raising the child, the parents are still the child's legal parents.

The court can order a guardian to let the parents visit or contact the child, but the court may also put limits or other conditions on the visitation, such as requiring that any visitation be supervised. The time and frequency of parental visitation is often is up to the guardian (or the court) to decide. Parents may, in some cases, regain custody of their child in the future if the court determines the guardianship is no longer in their child's best interests.

Local laws vary, but many courts require certain interested parties to be served with notice of guardianship hearings. Such notices often have to be legally served upon the person, with a sworn statement of the person making the service later returned to the court as proof of such service. In some cases, the court may waive the notice requirements. Local court rules should be consulted to determine applicability in your area.

At least one state provides for an emergency guardianship proxy. In Massachusetts, the law allows a parent or guardian, without court intervention, to appoint a short-term emergency proxy of a minor. It must be done by a written instrument signed in front of at least two witnesses who are 18 years of age or older. The proxy must also sign the instrument although he or she is not required to sign at the same time as the parent or guardian. An Emergency Proxy is prohibited if there is another parent who is willing and able to care for the minor unless that parent consents to the appointment by signing the written instrument of appointment.

Maine's highest court has held that its probate courts have the power to grant full coguardianships to an existing parent and another person, thus enabling gay and lesbian parents to create a legal relationship between their children and the children's parents. Whether coguardians may be appointed when one is a natural parent is an issue decided by state law, which varies by state.


Relevant Louisiana forms containing the term - Guardianship
Letters - Legal - Guardianship
Guardianship - Miscellaneous
Browse all Louisiana Forms

Browse Other State Forms



--------------------------------------------------------------------------------

Need legal forms? Everyone does!
We offer the largest selection of State Specific forms available.
Locate forms


--------------------------------------------------------------------------------

Do you need a term defined?
Request a Legal Definition


--------------------------------------------------------------------------------



View Most Popular Form Areas

Easy Use Guide | Testimonials | Your Guarantee! | Privacy Policy
Home | Search | Site Map | Customer Service 1-877-389-0141

--------------------------------------------------------------------------------

Browse By State,---------------,Alabama,Alaska,Arizona,Arkansas,California,Colorado,Connecticut,District of Columbia,Delaware,Florida,Georgia,Hawaii,Iowa,Idaho,Illinois,Indiana,Kansas,Kentucky,Louisiana,Massachusetts,Maryland,Maine,Michigan,Minnesota,Mississippi,Missouri,Montana,Nebraska,Nevada,New Hampshire,New Jersey,New Mexico,New York,North Carolina,North Dakota,Ohio,Oklahoma,Oregon,Pennsylvania,Rhode Island,South Carolina,South Dakota,Tennessee,Texas,Utah,Vermont,Virginia,Washington,West Virginia,Wisconsin,Wyoming
Home

Form Packages

Forms By State

Search

Bankruptcy

Divorce

Employment-HR

Incorporate/LLC

Landlord Tenant

Last Will

Living Will

Name Change

Power of Attorney

Real Estate

Sample Letters

View All Popular

Registered Users

Subscriptions


title category
State AL AK AZ AR CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MA MD ME MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

close window


Other Popular

» Stock Certificates
» Forms Catalog
Information

» Legal Definitions
» Law Digest
» Law Guides
» Affiliates
Other Products

» Office Products
» Book Store
» Find Attorney

--------------------------------------------------------------------------------

Member of the Better Business Bureau


--------------------------------------------------------------------------------

Secure Ordering


--------------------------------------------------------------------------------

We accept Visa, Mastercard, American Express, Discover and PayPal.


--------------------------------------------------------------------------------

Join USLegal Newsletter Search Legal Definitions

Get a Term Defined
Request a legal definition! Submit your on term to be defined.
» Request Legal Definition
Read a Law Digest
Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
Go to Law Digest
Form Packages
Select from our most popular legal form packages.
» Bankruptcy
» Contract for Deed
» Divorce
» Employment Packages
» Home Sales
» Incorporation
» LLC Formation
» Landlord Tenant
» Mutual Wills
» Name Change
» Personal Planning
» Partnerships
» View All Packages
Legal Life
Organize your legal life today! View our free online guide to creating a Life Documents File and related products.
» Life Documents File
» Personal Planning Package
» Life Documents Packages
» New Parents
» Newlyweds
» Baby Boomers
» Military
» Other
Form Drafting
Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
Submit a drafting request...
Talk to Attorney
USLegal offers the unique service of connecting you with an attorney in your state to answer your questions about particular legal matters, or to provide other advice. Satisfaction Guaranteed! Only $34.95. Call (866) LAW-USLF or (866)-529-8753.

© 1996-2006 U.S. Legal Forms, Inc. - All Rights Reserved. | Disclaimer & License Agreement Helpline | View Cart