Can a Guardianship Override a Power of Attorney?




Guardianship and power of attorney are two methods of taking care of someone who no longer possesses the ability to care for themselves. Each option comes with benefits and drawbacks, but the situation can get complicated when a person who has named a person to hold power of attorney has guardianship enacted on their behalf. At The Soto Law Office, our experienced attorneys have the skills necessary to handle these types of complex legal issues. If you are in need of legal advice in the Altamonte Springs area, call or contact our office today to schedule a case consultation.

Defining Guardianship and Power of Attorney


A power of attorney appoints a person to make legal and financial decisions on behalf of another person who can no longer communicate those choices on their own. A guardianship provides more expansive authority to make decisions on behalf of another person and typically requires a determination that the person in question no longer possesses the capacity to make any decisions about their life on their own. A power of attorney is granted by the person who needs care, while a guardianship is appointed by the court on that person’s behalf.


Can One Override the Other?


Generally speaking, a guardianship can override a power of attorney. Depending on the type of power of attorney enacted, a guardianship may not be necessary if the power of attorney grants someone to make a wide range of decisions on someone else’s behalf. However, if a guardianship is granted by the court and a power of attorney is already enacted, the guardianship typically trumps any power of attorney because the court is determining that the person in question no longer possesses the capacity to make decisions like the appointment of a power of attorney for their needs. However, depending on the situation, the court may allow a person named power of attorney to keep some of their decision-making authority on specific aspects of a person’s care. To learn more, talk to our office today.


Call or Contact Us Today


Guardianship and power of attorney are complex matters that should involve an experienced attorney. In Altamonte Springs, The Soto Law Office is prepared to help you navigate this and any other legal issues. To learn more, call or contact our office today.