Understanding the Difference between Power of Attorney and Guardianship

Advice from Your Estate Planning Attorney in Shreveport

If you are the caregiver for an aging relative or friend, there will come a time when you may have to step in and handle some personal affairs. Whether it is a physical ailment or the difficulties of dementia or Alzheimer’s disease, having the right tools in place is imperative to providing the best care for your loved one.

Choosing the correct legal decisions should not be taken lightly. Key options include power of attorney and guardianship. Understanding the difference between the two requires the help of an experienced estate planning attorney. When you contact David L. White and his experienced staff, you get the assistance and representation you need to protect your charge.

Power of Attorney versus Guardianship

A power of attorney functions differently from a guardianship. Here is a basic breakdown of each:

Power of Attorney
A power of attorney is an option that allows an individual to choose an “agent” or “attorney-in-fact” to take over if they become incapacitated. In this case, the court is not involved in determining who the agent is.

Also, a POA can allow broad or limited powers to the agent. For example, you can restrict your agent’s powers to that of a particular time frame or a particular transaction.

Often, a POA is an important estate planning element, rivaling your will, and it is a proactive option.

Interdiction
An interdiction may become necessary if an adult becomes incapable of making decisions on their own. When this happens, the court may step in and choose a decision maker or curator for the ward.

An interdiction allows the curator to make all legal, financial, and health care decisions on behalf of the ward.

Obtaining an interdiction requires the court to appoint an objective third party to investigate and interview parties involved and provide the court with their findings. The court then acts upon the suggestions, and the power to make decisions is removed from the ward and given to the guardian.

Determining the best option for your situation should be under the guidance of your Shreveport estate planning attorney. David White is an established lawyer who can help you navigate the estate planning landscape.

Choose an Experienced Estate Planning Attorney in Shreveport

Deciding if you need a power of attorney or an interdiction does not have to be complicated or expensive. While there are many avenues to consider, you do not have to go it alone. The legal professionals at David L. White’s law practice will provide you with reliable guidance for your estate planning needs.

Call your Shreveport estate planning attorney to find out more about utilizing a power of attorney versus an interdiction in Louisiana. Call us today at 318-747-7023.