Welcome to Pro Se 101 Informative Blog,
Here you will learn the importance of a Power of Attorney, and Guardianship.
Many people think that you can simply have control of your spouses estate just because that's your spouse. This is just simply not true. You do have many spousal rights, and access, however, you will need to make sure you get a Power of Attorney drafted just in case the situation ever arise. This will give you and your spouse the freedom to know that their affairs are in the hands they want.
What is the difference between a Power of Attorney, and Guardianship
Great question, First of all a Power of Attorney is usually done when the person wanting is can still sign and notarize the document. People usually use this instrument in preparation for possible incapacitation, or death.
When you need to consider an Adult Guardianship, this is when your loved one is unable to take care of themselves anymore. This can include their hospitalization, incapacitation, or complete in ability to care for themselves. This instrument is taken to the court and has to be adjudicated, by a judge give you the right to care for the incapacitated adult.
There is no way to over prepare for the unexpected. Getting your Power of Attorney done now, when you are in no need of it is preparation everyone should think about. If you are taking care of a family member, and there is no one else to help you, file a Guardianship done.
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