Guardianship: When a Loved One Is No Longer Competent…
A Guardianship situation arises when person does not have a power of attorney and cannot do or perform their business and conduct their affairs as they could in the past, i.e., they can no longer deal with their personal matters, especially financial matters. In that situation the power of attorney can suffice.
However, in the absence of a power of attorney a court proceeding must be accomplished. It must be demonstrated to the court that a particular person requires a guardian either of the person or of the estate of a person or both.
Sample Advanced Medical Directive