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Assistance
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Do I need a guardian?
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Answer:
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If you have a Power of Attorney designated to act for you, it is unlikely you would need a guardian since a Power of Attorney can make all the decisions a Guardian could make for you. When a probate court appoints a Guardian for someone, the person is declared legally incompetent and loses their civil rights. A Power of Attorney is a private document between you and the person you designate. If your circumstances change or you decide someone else should act for you, you have the right to revoke the Power of Attorney. Once a guardian is in place, only the Probate Court can change things. Probate proceedigs to have a guardian appointed require filing and other fees. Powers of Attorney can be done by attorneys, but they also can be done by filling out forms available for free. Generally, only those persons who can no longer designate anyone as Power of Attorney would need a court-appointed guardian to act for them.
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