Individuals may prepare a ‘power of attorney’ document that will allow another person to act on their behalf in relation to their property and finances. Powers of attorney can take effect immediately or on a specified future date or event. For example, many people prepare a power of attorney that will give a trusted person power to handle their property and assets when they lose capacity.
A guardian is someone who is appointed by a Court to either assist, or entirely manage, an individual’s personal or financial affairs. Guardianship applications and assessments are usually only necessary if an individual has lost capacity and not prepared for this event, such as through a power of attorney. There are various types of guardianship Orders that can be requested by the Court to suite many different situations. For example, if a person requires assistance in managing his or her personal affairs, but does not need a guardian, a personal or property co-decision maker might be appointed to assist.
In short, a power of attorney is granted by the adult who requires assistance, whereas a guardianship Order is applied for by another concerned individual after an adult requires assistance but does not have capacity to appoint someone on their behalf. At McKercher, we have lawyers with extensive experience with both powers of attorney and guardianship orders that can help you understand which best suits your needs or the needs of a loved one.
