Families often only realize the value of a power of attorney after it's too late to set one up — when a parent has already lost the mental capacity needed to sign one. At that point, the alternative is petitioning a court for guardianship (called conservatorship in some states).
What a guardian actually does
A guardian is appointed by a court to make decisions on behalf of someone determined to lack the capacity to make those decisions themselves. Depending on the state and the court's order, a guardian may be appointed over personal and healthcare decisions, financial affairs, or both.
Why it takes longer and costs more than a power of attorney
Unlike a power of attorney, which a person sets up themselves in advance, a guardianship requires a court petition, typically a medical or psychological evaluation of the proposed ward, a court hearing, and often court-appointed counsel to represent the person's interests — a process that commonly takes weeks to months. Ongoing court fees, attorney fees, and annual reporting requirements to the court also apply, costs a power of attorney does not carry.
The process is public record
Guardianship proceedings are generally a matter of public court record, unlike a power of attorney, which is typically a private document. Some families find this an unwelcome surprise partway through the process.
What to do while a petition is pending
While a guardianship petition is in progress, urgent medical decisions can sometimes be made by those already involved in a person's care under emergency provisions, but financial matters — accessing bank accounts, paying bills — are often genuinely difficult during this gap. Speak to the parent's bank directly about interim options, and to an elder law attorney if the situation is financially complex.
The lesson for other family members
If you're navigating a guardianship for one parent, use the experience to prompt other family members — including yourself — to set up a power of attorney while they still have capacity to do so. It is a far simpler, cheaper, and more private process than guardianship, but only available before capacity is lost.
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Important limit
Curalune offers practical help with the search and orientation. Admission, pricing, bed availability and the final assessment always rest with the nursing homes and the competent authorities (your state Medicaid agency, the state survey agency and Medicare).