When Incapacity Happens Without a Plan

June 9, 2026

June 18, 2026

What Is a Power of Attorney?

A Power of Attorney is a legal document that allows you to choose someone you trust to act on your behalf.

Depending on the document, that person may be authorized to:

Manage financial matters
Pay bills
Handle property transactions
Communicate with financial institutions
Make health care decisions if you become unable to do so

One of the most important features of a Power of Attorney is that you decide who will serve in that role.

The document is created while you have legal capacity and can express your wishes clearly.

What Is Guardianship?

Guardianship is a court process used when an individual can no longer make certain decisions and has not previously appointed someone through appropriate planning documents.

A judge determines whether a guardian is necessary and, if so, who will serve in that role.

Depending on the circumstances, a guardian may be given authority over personal, medical, or daily living decisions.

In some cases, a conservator may also be appointed to manage financial matters.

Key Differences

Who Makes the Decision?

With a Power of Attorney, you choose the person who will help you.

With Guardianship, the court appoints someone after determining that assistance is needed.

When Does It Happen?

A Power of Attorney is created before incapacity occurs.

Guardianship generally becomes necessary after incapacity has already become a concern.

Is Court Involvement Required?

A Power of Attorney is typically created without ongoing court involvement.

Guardianship requires court proceedings and often includes continued court oversight.

Cost and Complexity

Because Guardianship involves a legal proceeding, it is often more time-consuming and costly than preparing planning documents in advance.

Why Planning Matters

Guardianship serves an important role when no planning has been completed or when other options are unavailable. It provides a way to protect vulnerable individuals who need assistance.

However, many families prefer to avoid the need for court involvement when possible by creating Powers of Attorney while they are still able to make their own decisions.

Planning ahead allows individuals to maintain greater control over who will assist them and how decisions will be made if help is ever needed.

Creating the right documents today can often make things easier for both you and your loved ones in the future. Call or text us at 989-872-5601 when you are ready to start the conversation.