Understanding the Difference Between Enduring Guardians and Enduring Powers of Attorney

It’s important to be aware of all the legal options available to you in order to ensure that you are making the best decisions for yourself and your family. One of those important decisions involves understanding the difference between an enduring guardian and an enduring power of attorney. This blog will explain the differences between the two so that you can make an informed decision moving forward. 

What is an Enduring Guardian? 

An enduring guardian is a person appointed by another adult (known as the principal) to make lifestyle and medical decisions when they become unable to do so due to illness or incapacity. An enduring guardian has authority in matters such as where a person lives, what medical treatments they receive, and other health-related decisions. It is important for a principal to choose someone who knows them well and shares their values in order to ensure that their wishes are respected even if they become incapacitated. 

What is an Enduring Power of Attorney? 

An enduring power of attorney (EPA) is similar but different from an enduring guardian. The principal appoints someone else (called an attorney) to manage their financial affairs on their behalf if they become mentally incapable of managing those affairs themselves. This includes things like paying bills, collecting income, buying or selling property, investing money, and ultimately making sure that all financial matters are taken care of while they are unable to do so themselves due to mental incapacity or physical illness. 

Takeaways

It is essential for everyone to understand the differences between an enduring guardian and an enduring power of attorney in order for them to make sound decisions about their future should something unforeseen happen in terms of illness or incapacity. By understanding these key differences now, you can prepare yourself for any potential obstacles in advance so that your wishes can be followed through with even if something happens down the line where you cannot physically or mentally take care of these matters yourself. In short, knowing about these two legal tools can help you protect yourself now and into the future! 

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Understanding the Separate Legal Entity Principle