What is the difference between enduring power of attorney and enduring power of guardianship?
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What is the difference between enduring power of attorney and enduring power of guardianship?
The appointment of an Enduring Power of Attorney formally gives another person, or persons, the authority to manage your legal and financial affairs. The appointment of an Enduring Guardian gives another person, or persons, the authority to make lifestyle and medical decisions on your behalf.
What happens if you don’t have an enduring guardian?
What happens if I don’t have one? If you do not have an enduring power of guardianship and you lose capacity to make personal and lifestyle decisions, a guardian may be appointed by a Tribunal.
What are the responsibilities of an enduring power of attorney?
An Enduring Power of Attorney (EPA) allows the attorney to make financial decisions on behalf of the donor after he/she loses mental capacity. An attorney cannot make medical, health care, accommodation or lifestyle decisions. The attorney’s main role is to pay the donor’s bills and accounts with the donor’s money.
Is power of attorney liable for debts?
For the most part, the person you appoint as your agent is not responsible for your debts when you die. However, there are a few exceptions: They were a co-signer on a loan with you.
Can you sell a house with enduring power of attorney?
The EPA does not need to be registered with the Office of the Public Guardian if you are acting under an EPA and the Donor still has mental capacity to deal with his or her property and financial affairs. The EPA is legally effective and the sale can proceed.
What is the difference between a power of attorney and an enduring power of attorney?
The key distinction between the two is that: your general Power of Attorney becomes invalid upon your death or when you lose the mental capacity to make your own decisions; whereas,• an Enduring Power of Attorney will continue to have effect during your lifetime even if you lose capacity to self-manage.
How is power of attorney different from guardianship?
Differences Between a Power of Attorney and a Guardianship Another big difference is that if you execute a Power of Attorney, you will be able to choose the person who will be handling your financial matters. Under a Guardianship proceeding, the guardian is chosen by the judge.
Are there two types of power of attorney?
Generally speaking, there are three main types of POA: Ordinary power of attorney. Lasting power of attorney. Enduring power of attorney.
