What Is The Difference Between A Legal Guardian And Power Of Attorney?

What is durable guardianship?

Types of guardianship A.

Durable: ORS 419B.336 (most common) Provides for juvenile guardianship on behalf of children in dependency cases when the child cannot safely return home within reasonable time, and the court has determined one of the circumstances provided in ORS 419B.

498(2) is applicable..

What are the alternatives to guardianship?

What are other alternatives to guardianship?Representative payee.Durable powers of attorney.Health care surrogacy.Living wills.Trusts.Community advocacy systems.Joint checking accounts.Case management.

How long is a POA good for?

First, the legal answer is however long you set it up to last. If you set a date for a power of attorney to lapse, then it will last until that date. If you create a general power of attorney and set no date for which it will expire, it will last until you die or become incapacitated.

Who Cannot be a guardian?

A person cannot be appointed a guardian if: The person is incompetent (for instance, the person cannot take care of himself). The person is a minor. The person has filed for bankruptcy within the last 7 years.

Which is better POA or guardianship?

Guardianship is a legal relationship in which a probate court authorizes one person with the power to make personal and/or financial decisions for another person. … In most cases, power of attorney is preferred to legal guardianship because more control is retained by the person being protected.

Generally speaking, a guardian is usually not responsible or personally liable for any debts or legal obligations that were incurred solely by the ward. … Instead, the ward’s own funds normally will be used to pay off such debts.

For Guardians Over the Person: Provide proper care, maintenance, education, and support. Supply food, clothing, shelter, and necessaries. Authorize medical, surgical, dental, psychiatric, and psychological care (although some medical treatments, such as experimental treatments, require court approval).

Do you get money for being a guardian?

When appointed by the court, a guardian makes decisions for the ward to ensure that the ward’s medical, social and emotional needs are met. Generally, a guardian is entitled to reasonable compensation. … A guardian is generally paid an amount which is not more than five percent of the ward’s yearly income.

Does guardianship override power of attorney?

A guardianship is for managing the person’s personal affairs; a conservatorship is for managing the person’s financial matters. A conservatorship generally supercedes a power of attorney.