How does guardianship differ from power of attorney?
A) The court appoints a guardian. An individual grants a power of attorney to someone else to make decisions on his or her behalf
B) Guardianship is legally binding whether or not an individual is competent. Power of attorney applies only to the incompetent
C) Courts monitor the actions of those executing a power of attorney, but guardians are free to act on behalf of another as long as standards of "reasonable prudence" are met
D) Guardianship stays in effect for one calendar year and must be renewed annually. Power of attorney stays in effect until one or both parties choose to revoke it
A
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The appointment of a guardian to grant consent for an incompetent individual is the responsibility of the court. When a patient's competency is questionable, staff should encourage family members to seek legal guardianship. Power of attorney is a mechanism used by competent individuals to appoint someone else to make decisions for them.
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