When a loved one can no longer safely manage their own decisions, families often ask whether they need a guardianship or a power of attorney. They’re very different tools — and choosing the right one matters for your loved one’s dignity and independence.
This article is general information, not legal advice. Every situation is different — please speak with an attorney about yours.
Power of attorney: planning ahead
A durable power of attorney is something a person signs while they still have capacity, choosing someone they trust to handle financial or other matters if they can’t. It’s less restrictive, keeps decisions within the family, and avoids court involvement.
Guardianship: when planning wasn’t in place
A guardianship is a court-supervised arrangement, often needed when someone has already become incapacitated without adequate planning, or for a minor. A judge appoints a guardian to make decisions about the person’s well-being, their property, or both. It offers strong protection but involves the court and ongoing oversight.
Which is right for your family?
- If your loved one still has capacity, a power of attorney (and other planning documents) is usually the simpler, less-restrictive choice.
- If they’ve already lost capacity and have no plan in place, a guardianship may be necessary.
- Courts favor the least-restrictive option that still keeps your loved one safe — we’ll help you find it.
See our Guardianship page, and our Estate Planning page for powers of attorney and other documents that can help you plan ahead.
Let’s protect your loved one — together
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