Guardianship Vs Power of Attorney
In Guernsey these two things are quite different and it is important to understand each and the consequences of having/not having them.
Here is an overview of each:
Guardianship allows control over a person’s affairs when it is deemed that the person is no longer capable of managing them.
N.B Should the Guardian and or the Family Council not be the closest relative of the patient it will need to be explained as to why the closest relatives are not applying.
Power of Attorney
A Specific Power of Attorney states one or more specific functions which can be carried out on the donors behalf.
A General Power of Attorney gives as it states, general powers to carry out any functions on the donor’s behalf.
A donor must have the mental capacity to be able to confer the power or powers on the attorney. This is the main difference between Guardianship and Power of Attorney. Once a donor becomes mentally incapable the Power of Attorney will lapse under Guernsey Law.
A Power of Attorney can be revoked by the donor at any time.
A Power of Attorney must be sworn in accordance with the terms of the Power of Attorney and Affidavits (Baliwick of Guernsey) Law 1995.