Decisions, Decisions, Decisions
                 
By Robert J. Myers, Esquire                       

Guardianship

This is a legal process in which the court places an individual or agency in control of someone
else's affairs. Since establishing a guardianship requires action by the Court system, it can be
expensive and cumbersome. In addition, guardianship reduces an individual's legal rights to those of a minor.

Conservatorship

This is a type of guardianship that applies only to a person's property and not his or her personal
matters. As such, its scope is less restrictive, and the individual involved retains many of his or her
legal rights.

Durable Power of Attorney

By establishing a power of attorney, you authorize someone else to act in your behalf.  You can
givevery limited powers, such as authorizing someone to sell property for you, or very broad
powers, such as paying bills, making investment decisions, or making all decisions for you.

A durable power of attorney remains in force even if the person who establishes it becomes
incompetent. While a power of attorney is generally established to ensure that your affairs will be
handled for you, it must be durable to be effective in the event of your incapacity. 
Any power of attorney, including a durable one, becomes null and void when either the person
granting it or the person to whom it is granted dies.

You should be sure to specify exactly what functions are to be covered by the durable power of
attorney. For example, medical decisions, investment choices and property care can be named
specifically.

Of course, a durable power of attorney should be given only to someone you trust implicitly to
act in your best interest. You should consult an attorney for the specific requirement of a durable
power of attorney.

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Robert J. Myers is managing attorney of the Estate and Trust Division of  Maney l Gordon P.A.,
located at 1135 Pasadena Avenue South, Suite 140, St Petersburg, Florida. The telephone number is 727-347-5131. Mr. Myers welcomes calls regarding these articles and other related legal topics.  This column outlines general legal principles and is not intended to give you legal advice.If you have a specific question about the law, please consult an attorney.