Guardianship vs. Power of Attorney: What Every Family Needs to Know Before a Crisis
Why Planning Ahead Matters More Than Ever
When a loved one becomes unable to manage their own affairs—whether due to illness, injury, or age-related decline—families are often left scrambling to figure out who can step in to help.
In these moments, the difference between having a Power of Attorney in place and needing to petition for guardianship through the courts becomes painfully clear. One gives you immediate, compassionate authority to help your loved one. The other can be a costly, public, and emotionally difficult process.
At Pettis Webber Pacific, we’ve supported families through both routes—and we can tell you: planning ahead makes all the difference.
What Is a Power of Attorney (POA)?
A Power of Attorney is a legal document that allows a person (called the principal) to appoint someone they trust (called the agent or attorney-in-fact) to make decisions on their behalf. There are two main types:
- Financial Power of Attorney – Handles banking, bills, real estate, and other property and financially-related matters
- Health Care Power of Attorney – Allows someone to make medical decisions if you’re unable to
In Washington State, a properly executed POA can be tailored to your needs, whether it’s effective immediately or only if you become incapacitated.
What Is Guardianship or Conservatorship?
If someone becomes incapacitated without a valid Power of Attorney, loved ones may have to petition the court for legal guardianship (for the person to be able to make health care decisions) and/or conservatorship (for financial matters). This process:
- Requires a formal court proceeding
- Involves medical evaluations and hearings
- Is public and often time-consuming
- Grants the court final say on who will manage the person’s finances, healthcare, or both
- Can create family conflict—especially if multiple people disagree about who should serve
It’s important to know that guardianship and/or conservatorship is not automatic—not even for spouses, parents, or adult children. The court must appoint a guardian and/or conservator regardless of relationship.
POA vs. Guardianship: A Quick Comparison
Feature | Power of Attorney | Guardianship/Conservatorhip |
Set Up | Chosen by individual (before crisis) | Ordered by court (after incapacity) |
Control | Principal maintains choice | Court controls the process |
Cost | Low (attorney fee to draft document) | High (legal fees, court costs, ongoing filings) |
Time | Immediate use if needed | Delayed due to court timelines |
Privacy | Private | Public record |
Flexibility | Customizable | Structured by court process |
Why Every Adult Should Have a POA
Even healthy adults need a Power of Attorney. An accident, medical emergency, or unexpected diagnosis can happen at any age. Without a POA in place, your loved ones could be forced into court just to pay your bills or make healthcare decisions on your behalf.
Planning ahead is a simple but powerful way to protect yourself—and those who care for you.
When Guardianship and/or Conservatorship Is Still Needed
In some cases, guardianship and/or conservatorship is the only option—such as when someone never signed a Power of Attorney and can no longer legally make decisions. It may also be necessary when there is suspected abuse, financial exploitation, or family disputes.
In those cases, our team works to guide families through the legal process with compassion and clarity.
Your Next Step: Don’t Wait for a Crisis
The best time to set up a Power of Attorney is before it’s ever needed. Doing so now can save your family time, money, and the emotional burden of a court proceeding or even battle later.
At Pettis Webber Pacific, we help Washington families create legally sound, customized POA documents that give you confidence and peace of mind—whatever the future may hold.
📞 Contact us today to schedule a consultation and get the right protections in place.