Caring Guide to Legal Safeguards for Adults in Michigan
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Guardianship Network, Inc is a trusted provider of guardianship services in Michigan. Our dedicated team is committed to protecting the rights and well-being of those who need it most, ensuring peace of mind for families and loved ones. We pride ourselves on our compassionate approach and professional expertise in navigating complex legal standards to deliver personalized solutions tailored to each individual's unique situation.
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What is the role of a legal guardian?
What’s the Difference Between Power of Attorney and Guardianship? Power of Attorney (POA) and Guardianship are both legal tools used to help someone manage their affairs when they are unable to do so themselves — but they differ in how they're created, when they take effect, and the level of court involvement.
Power of Attorney (POA):
Voluntary Agreement: A mentally competent person chooses someone they trust (called an “agent” or “attorney-in-fact”) to make decisions on their behalf.
Types of POA: Can be limited to certain actions (like handling real estate) or broad (handling all financial and healthcare decisions).
No Court Required: It's a private legal document that doesn’t require court approval.
Ends at Incapacity (unless Durable): A regular POA ends if the person becomes incapacitated. A Durable Power of Attorney stays in effect even after incapacity.
Guardianship:
Court-Appointed: When someone becomes incapacitated and can no longer make decisions, the court may step in and appoint a legal guardian.
Involuntary Process: The person doesn’t need to agree — in fact, they often can’t due to mental or physical incapacity.
More Court Oversight: Guardianship involves ongoing court supervision, reports, and legal responsibilities.
May Override a POA: If there’s a dispute or the court finds a POA invalid, a guardian may be appointed instead.
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