Guardianship and power of attorney may sound similar, but they’re not the same thing. In Nevada, each one serves a different purpose and follows a unique legal process. Understanding how they work is key to making the right decision for your situation. Choosing the wrong one can cause delays or confusion when your loved one needs help most.
If you’re stepping in to assist a family member or friend, it’s vital to know your options.
Sometimes you’ll need just one, and in other cases, both may be necessary. The right choice depends on the person’s needs—financial, medical, or personal care. Knowing this ahead of time can save time, stress, and legal complications down the road. Let’s break down the differences in a simple and straightforward way.
You’ll learn what guardianship and power of attorney really mean—and when to use each. We’ll also walk you through the basic legal process, so nothing catches you off guard. By the end, you’ll feel more confident about taking the next step to help your loved one.
What Is the Main Difference?
Both guardianship and power of attorney (POA) help when someone can’t manage their health, money, or daily life on their own. But they work in different ways.
Power of Attorney is a legal document. A person (called the principal) chooses someone else (called the agent) to act for them. This could be for managing money, making medical choices, or both. The key part? The person must be able to understand what they’re signing when they create a power of attorney. That means they’re still mentally aware when they give permission.
Legal guardianship, on the other hand, is chosen by a court, not the person. If someone can’t make safe decisions, like a senior with dementia or a child with no parents, a judge steps in and picks a guardian. The guardian then takes care of the person (called the ward), based on what the court allows.
Here’s a simple way to remember:
- POA = chosen by the person while they still understand things
- Guardianship = chosen by the court when the person can’t choose for themselves
In Nevada, both are handled through legal steps. If no POA is made and a person becomes unable to decide for themselves, guardianship may be needed. That’s why many families work with estate planning attorneys like Sean Tanko Law to make a POA in advance, it avoids court later.
When Should You Use Guardianship or Power of Attorney?
Understanding when to use guardianship or power of attorney (POA) can save you time, stress, and money. Each one is used in different situations, depending on how much help someone needs and if they can still make decisions.
Use Power of Attorney When the Person Can Still Decide
Power of attorney is best used before there’s a problem. For example, someone who is aging but still thinking clearly may want to give their adult child the ability to help pay bills, talk to doctors, or handle paperwork.
There are two main kinds of POA:
- Financial POA – for money, property, and business matters
- Medical POA – for health decisions, treatments, and care
These documents are part of smart estate planning. People often create a POA along with their will or trust. That way, everything is ready before there’s a crisis. If something happens like a stroke or injury, the agent can step in right away.
Use Guardianship When the Person Can’t Decide for Themselves
If a person becomes unable to understand what’s happening and doesn’t already have a POA, you may need to ask the court for guardianship.
This is common with:
- Seniors with dementia or Alzheimer’s
- Adults with severe disabilities
- Children with no living parents
Guardianship involves a legal process through probate court in Nevada. A judge looks at the situation, reviews documents, and picks someone to help, usually a family member or close friend. The guardian may be in charge of money, care decisions, or both.
Guardianship takes more time and costs more than setting up a POA. That’s why many families choose to prepare ahead with a POA if possible.
Not Sure Which One You Need?
That’s okay. If you’re unsure what’s right for your situation, a lawyer can help you decide. The team at Sean Tanko Law works with families every day to figure out the best path. Whether it’s planning early or responding to an emergency, they’ll guide you through it with care.
How to Set Up Power of Attorney or Guardianship in Nevada
Once you know whether you need a power of attorney (POA) or guardianship, the next step is setting it up the right way.
Setting Up Power of Attorney
Creating a Power of Attorney (POA) is usually quick and affordable when done early. The person, called the principal, must be mentally capable of making the choice. They pick someone they trust — like a family member — to be their agent.
To make it legal in Nevada, a POA must:
- Be written and signed
- Be notarized
- List the powers the agent will have
Many people include a power of attorney (POA) in their estate planning documents, along with a will or a trust. This helps avoid confusion later.
Starting Guardianship Through the Court
If a person can no longer decide for themselves and doesn’t have a POA, you may need to ask the court for guardianship.
This means:
- Filling out forms
- Showing medical proof
- Attending a court hearing
- Following the court’s rules once appointed
Guardianship is handled in probate court. You’ll likely need legal help, especially if there are family disagreements or complex needs.
Planning avoids all of this. That’s why many families in Nevada work with trusted law offices like Sean Tanko Law to create a comprehensive plan, including a power of attorney (POA), wills, and other necessary tools.
Conclusion
Guardianship and power of attorney both offer essential legal protection. The key difference? The individual chooses a power of attorney, while guardianship is appointed by the court when someone is unable to decide for themselves. If you plan early, POA is often the smoother, more cost-effective option.
Which one fits your situation or when to take action? You don’t have to figure it out alone—we’re here to guide you. At Sean M. Tanko Law, we help families make the right legal choices with ease. Whether it’s urgent or part of future planning, we’ll walk you through it.
Take the next step with confidence and peace of mind. Call today to schedule your consultation and get the answers you need. We’re ready to help protect your loved ones with experience and compassion. Contact Sean M. Tanko Law—because your family deserves the best support.
