Follow
Share
This question has been closed for answers. Ask a New Question.
The guardian is over a POA. To get guardianship a judge must sign off. POA a person assigns a POA. Doesn't mean its a good chose.
Helpful Answer (0)
Report

According to: www.elderlawanswers.com/whats-the-difference-between-guardianship-and-power-of-attorney-12419

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

A POA is an estate planning document that allows a person you appoint to act in place of you for financial purposes when and if you ever become incapacitated. You may limit a power of attorney to a very specific transaction or you may grant full power to someone over all of your affairs.

{A Health Care-POA allows you to appoint a person to act in place of you for health care decisions when and if you ever become incapacitated. You may limit a Health Care-POA to a very specific transaction or you may grant full power to someone over all of your health-related affairs.*--Additional explanation by me}

Guardianship:
If an adult becomes incapable of making responsible decisions due to a mental disability, the court may appoint a substitute decision maker, often called a "guardian," or "conservator". Guardianship is a LEGAL* relationship between the guardian and the person who (because of incapacity*) is no longer able to take care of his or her own affairs (the "ward").
The guardian can be authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the guardianship and state practices, the guardian may or may not have to seek court approval for various decisions. In many states, a person appointed only to handle finances is called a "conservator."
Because guardianship involves a profound loss of freedom and dignity, state laws require that guardianship be imposed only when less restrictive alternatives, such as a power of attorney, have been tried and proven to be ineffective.

So to answer your question, I would say that the court-appointed guardian has the right to make the decision to put someone into an assisted living facility (unless his/her power was limited by the court), IF the person does not have the ability to make that decision.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.