LANCIONE & LLOYD LAW OFFICE CO.

A Power of Attorney is a document that you execute giving another person the power to make decisions for you should you be unable to make them for yourself.  You must be competent to sign a power of attorney.  You can  give someone the ability to cash checks and pay bills  for you, sell real estate,  handle your social security matters, and any other financial matters you may need taken care of.

If you are taken suddenly ill, and do not have a Power of Attorney,  it is  sometimes necessary for someone to become your legal guardian.  This is most common when someone needs to be admitted to a nursing home or other care facility an no longer have the mental capacity to make their own decisions.

A guardianship requires that a physician verify the person is not capable of making decisions on their own behalf.  If that is the case, application is filed with the  Probate Court listing the person asking to be appointed guardian and a list of assets of the ward.  A hearing is held and if appropriate, the guardian is approved.  That person is then in charge of managing the finances of the ward, as well as their personal well being.  Once a year, an accounting is filed with the Court to show that the ward is being taken care of and that their financial matters are in proper order.