If a person is unable to make life decisions for themselves because of physical problems or mental incapacity, they may require assistance from another individual. Nebraska has different options available for providing the legal authority to help ensure someone’s needs are being met. This includes guardianship and power of attorney. Whether you’re going through the estate planning process or involved in a family law case, knowing the differences between these two is essential for ensuring you and your loved ones are properly taken care of in the future. 

Power of Attorney 

A power of attorney is a written document typically used in estate planning that gives one person the authority to act in another’s place should they become unable to provide informed consent in the future. It must be prepared while an individual is of sound mind and body and can include stipulations about how much power the other person should have over your affairs. 

Guardianship 

In a guardianship, an individual is appointed by the court to make personal decisions on someone else’s behalf if they have been deemed mentally incompetent. Once a guardian is selected, the other party becomes their ward. 

When determining the role of a guardian, the court may limit the power they are given to apply only to a person’s property or wellbeing, or they may have authority over both. Guardians are required to update the court regularly on their ward’s welfare and financials. A guardian may also be named for minor children as part of the estate planning process when drafting a will.

If you are interested in including a power of attorney in your estate planning documents or filing for guardianship over a loved one, contact David R. Webb, Attorney at Law. With more than three decades of legal experience, he has guided countless Lincoln, NE, residents through both processes. He also has extensive knowledge of probate law and how to navigate the courtroom to ensure a client’s wishes are carried out. Call (402) 477-7577 to schedule a consultation or visit his website for more information on the areas of practice he specializes in.