A power of attorney lets a person you choose make decisions for you, while guardianship is appointed by a court when no plan exists.
And yet, most families aren’t prepared. According to the University of Michigan’s Healthy Aging Poll, 54% of adults aged 50–80 have not completed a durable power of attorney or advance directive, often leaving loved ones scrambling in court.
At Jarvis Law Office, Ohio families don’t just receive legal documents, they gain clarity, protection, and long-term peace of mind. Unlike many firms, Jarvis helps with trust funding and provides ongoing guidance, all under a transparent, one-time flat fee model, without recurring costs.
Key Takeaways:
- A Power of Attorney lets you choose who will make decisions for you before a crisis occurs, avoiding court involvement.
- Guardianship is court-appointed and only happens when no legal plan, like a POA, is in place.
- POA is faster, more private, and less expensive than guardianship, which requires ongoing court supervision.
What is a Power of Attorney?
A power of attorney (POA) is a legal document that gives someone you trust, called an agent or attorney-in-fact, the authority to make decisions on your behalf. It’s created while you’re still mentally capable and can cover financial, legal, or medical matters, depending on the type. POAs can be immediate or spring into effect only if you become incapacitated.
What Does Guardianship Mean?
Guardianship is a legal arrangement where a court appoints a guardian to make decisions for someone who can no longer make them independently, often due to serious illness, cognitive decline, or disability. The person under guardianship, called the ward, loses the ability to make certain decisions and must rely on the guardian, with court oversight often lasting for years.
What is the Difference Between Guardianship and Power of Attorney?
The biggest difference is control. With POA, you choose your decision-maker in advance. With guardianship, the court decides after you lose capacity.
- Voluntary vs. Court-Imposed: POA is signed willingly while you’re still capable. Guardianship starts when you’re already unable to make your own choices.
- Privacy vs. Public Process: POAs are private legal documents. Guardianship involves a public court process.
- Speed and Cost: POAs are faster, simpler, and more affordable. Guardianship requires legal filings, hearings, and often ongoing court reporting.
When Is a Power of Attorney the Right Choice?
A power of attorney is the right choice when you want to stay in control of who manages your affairs if you’re ever unable to do so yourself. It’s a proactive legal tool, meant to be signed before a crisis, not during one.
Common Situations Where POA Makes Sense
- Before surgery or medical treatment, where anesthesia or recovery may impair your decision-making.
- After a dementia diagnosis, the early-stage capacity still allows legal action.
- When planning for aging, especially if you live alone or want to avoid guardianship.
- To handle finances while traveling or during long hospital stays.
Types of Power of Attorney
- Durable Power of Attorney: Remains in effect even if you become incapacitated. Ideal for long-term planning.
- Medical Power of Attorney (Health Care Proxy): Allows someone to make medical decisions if you can’t.
- General Durable Power of Attorney: Gives someone authority over banking, bills, taxes, real estate, and investments.
- Springing Power of Attorney: A type of POA that only activates after a specific event, such as incapacity, though it can require extra legal proof to take effect.
Why Acting Early Matters
The key is timing. You must be legally “of sound mind” to sign a POA. Once that’s gone, the only option left may be guardianship, and that’s a much longer, more expensive road. Signing a POA now means you decide who steps in and how they help, without the stress of court delays or family conflicts later.
When Is Guardianship Required?
Guardianship becomes necessary when someone has lost the mental ability to make decisions and hasn’t put a power of attorney in place. At that point, no one, not even family, can legally step in without going through court.
This often happens unexpectedly. A stroke, advanced dementia, or car accident can leave someone unable to manage basic tasks like paying bills or consenting to treatment. If there’s no POA on file, the family must petition a probate court to have a guardian appointed.
What the Guardianship Process Involves
In Ohio, the process typically includes:
- Filing a formal application with the probate court
- Submitting a physician’s evaluation of incapacity
- Notifying family members
- Attending a court hearing
- Court oversight after appointment
Becoming a guardian can take several months, assuming it is not contested. If it is contested, it can take upwards of 3-6 months based on the situation.
Unlike a POA, guardianship doesn’t stop at approval. The guardian may be required to file annual reports, seek court approval for financial decisions, and follow strict rules to avoid conflicts of interest.
Guardianships in Ohio can last indefinitely, depending on the person’s condition. That means years of court supervision, even if the family is acting responsibly.
When Courts Step In
Guardianship is usually the last resort, but courts will act when:
- A person is being financially exploited or abused
- No legal documents exist, and decisions must be made quickly
- There’s family conflict over who should be in charge
- A previously signed POA is disputed, expired, or revoked
While it’s sometimes necessary, guardianship removes many personal rights and puts your life in the court’s hands. That’s why it’s best considered a backup, not a first choice.
What Ohio Families Need to Know
If you live in Ohio, it’s important to understand how state-specific laws affect both guardianship and power of attorney.
Power of Attorney in Ohio
In Ohio, the Uniform Power of Attorney Act (UPOAA) governs financial POAs. That means a properly executed durable POA created in Ohio:
- Must be signed while the principal is competent
- Must be notarized to be legally valid
- Can name co-agents or successors
- Automatically remains effective during incapacity unless stated otherwise
Healthcare POAs are governed separately under Ohio Revised Code §1337.11–§1337.17. These allow an agent to make medical decisions when you’re unable to do so yourself. Ohio does not recognize “springing” healthcare POAs unless very carefully worded.
Guardianship in Ohio
Guardianship in Ohio is handled through probate court and can be:
- Of the person (for decisions about medical care, housing, daily life)
- Of the estate (for managing finances and property)
- Or both, depending on the ward’s needs
The court requires an official medical statement to prove incapacity, and once guardianship is granted, the guardian must:
- File an inventory of the ward’s assets (if applicable)
- Submit annual reports and accountings
- Seek court approval for certain actions like selling property
Why Local Experience Matters
Ohio’s probate rules are strict and vary by county. Forms that are accepted in Columbus may be rejected in Cincinnati or Cleveland unless properly formatted. That’s why families in Ohio benefit from working with local attorneys familiar with each court’s preferences and filing procedures.
Need Clarity on Guardianship or Power of Attorney? Let’s Talk
If you’re still unsure which option is right, or worried you might already be too late, you’re not alone. These are hard decisions, but they don’t have to be confusing or costly.
At Jarvis Law Office, we’ve helped hundreds of Ohio families create plans that work when it matters most, without pressure, legal jargon, or surprise fees. If you’re planning ahead or dealing with a sudden crisis, we’re here to walk you through your options in plain English.
