Difference Between
In Washington state, the concepts of Guardianship, Power of Attorney (POA), and Supportive Decision-Making are all mechanisms used to support individuals, particularly those with developmental disabilities, in making decisions or in situations where they might need assistance managing their personal, legal, or financial affairs. Each one has a different approach and level of involvement. Here’s a breakdown of the differences:
1. Guardianship
Guardianship is a legal process where a court appoints someone (a guardian) to make decisions on behalf of an individual who is unable to make decisions for themselves due to a developmental disability, mental illness, or other conditions. This can be a full or limited guardianship depending on the person's needs.
Scope: A guardian may be given authority over various aspects of the person's life, such as medical, financial, residential, and personal decisions. This can be broad or narrow, depending on the court's determination.
Process: Guardianship requires a court order, and a judge must find that the individual is incapacitated and cannot make informed decisions independently. A family member, friend, or professional may be appointed as the guardian.
Impact: The person under guardianship loses certain rights to make decisions on their own. The guardian has the authority to make decisions on their behalf, and the individual under guardianship has less autonomy.
2. Power of Attorney (POA)
A Power of Attorney is a legal document that allows a person (the principal) to grant someone else (the agent) the authority to make decisions on their behalf. This can be used for financial, medical, or other decisions.
Scope: The scope of a POA can be as broad or as narrow as the principal desires. It can cover specific areas (e.g., medical decisions, financial matters) or be a general authority to manage all decisions.
Process: The individual (the principal) must be competent to sign the POA. If they are able to understand the nature of the document and the authority they are granting, they can choose someone to act on their behalf.
Impact: Unlike guardianship, a POA allows the person to retain control over their decision-making unless they choose to delegate authority. The principal can revoke or change the POA at any time if they are still capable of doing so.
3. Supportive Decision-Making
Supportive Decision-Making is an alternative approach where individuals with disabilities are provided with assistance in making decisions, rather than having someone make decisions for them. This method focuses on offering the person guidance and support while still preserving their autonomy.
Scope: This approach involves providing support in areas like managing finances, healthcare decisions, or daily living choices, but the individual retains full decision-making authority. The support team could include family members, friends, or professionals who help interpret information and offer advice.
Process: There is no court or legal process required for supportive decision-making, but agreements can be formalized in a way that clearly outlines the support to be provided.
Impact: The individual maintains their legal rights and control over decisions but has a team to help them make informed choices. This can be a good option for individuals who need assistance but do not require the complete transfer of decision-making authority as with guardianship.
Key Differences:
Guardianship removes decision-making rights from the individual and gives a guardian the authority to make decisions on their behalf, while POA allows the individual to keep their decision-making power but delegates authority for specific tasks.
Supportive Decision-Making offers support without removing autonomy, focusing on assisting the individual in making their own informed decisions, and is more flexible and less formal than guardianship or POA.
Guardianship requires a legal process and may be long-lasting, while POA and Supportive Decision-Making are more flexible and can be adjusted or revoked as needed.
In Washington, supportive decision-making is gaining recognition as a way to respect and preserve the rights of individuals with disabilities, but guardianship and POA remain critical legal tools depending on the situation and level of decision-making capacity.