How can a power of attorney potentially prevent a guardianship proceeding?
Courts may not even entertain a guardianship petition if there’s a valid power of attorney in place. The powers are very similar. Basically, in a guardianship, the guardian stands in the shoes of the incapacitated person. Likewise, an agent on a power of attorney stands in the shoes of the principal. The powers are very similar. The costs are very different. Guardianship proceedings can be very expensive, where power of attorney is a very simple document that is not expensive at all.