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Abstract: 

Under the heading of “Guardianship”, a new feature for VED: Guardians, a term that can vary in meaning from state to state, can employ several powers to recover stolen property for the incapacitated person, for example. Often the exploiter is using a power of attorney to pillage the estate of the incapacitated victim. In other circumstances, powers of attorney are considered very popular estate and financial planning instruments for older adults. The first column will explore the contradictions behind this legal tool and examine when financial powers of attorney as well as health care proxies are safe, sufficient, and reliable alternatives to guardianship.

Keywords: guardian; guardianship; power of attorney; parens patriae

Affiliations:  1: New York State Law Revision Commission .