At Madigan & Scott Inc., we often counsel families across Springfield and Northern Virginia who are navigating care decisions for a loved one. One of the most common misconceptions we encounter is that guardianship and power of attorney (POA) serve the same purpose. While both involve decision-making authority, they are fundamentally different in structure, purpose, and legal impact.

Understanding the distinction between these two tools is vital to ensuring your loved ones’ affairs—both personal and financial—are managed effectively and in accordance with their wishes.

Power of Attorney: A Proactive Legal Tool

A power of attorney is a voluntary legal agreement created by a person who is mentally competent at the time of signing. It allows them to designate someone they trust—often a spouse, adult child, or close friend—to handle specific financial or medical matters.

For example, a Springfield resident may assign their daughter financial POA authority to pay bills and manage retirement accounts. However, if they don’t separately appoint someone for healthcare decisions, a court-appointed guardian may still be necessary.

When Guardianship Becomes Necessary

Unlike a POA, guardianship is court-ordered and becomes necessary when an individual is no longer competent and has not named an agent through POA or when disputes arise about an existing arrangement. In Virginia, guardianship is an important safeguard—but it can be more complex and requires ongoing court involvement.

There are three types of guardianships recognized under Virginia law:

Guardian of the Estate

A Guardian of the Estate handles all financial matters, including:

• Managing bank accounts

• Paying bills

• Protecting real estate or personal property

• Placing funds into a court-monitored "blocked account"

The court provides ongoing supervision to ensure the guardian acts responsibly and in the best interest of the individual. For Springfield families, this added layer of protection ensures financial transparency and accountability.

Guardian of the Person

A Guardian of the Person is responsible for the individual’s daily care and personal decisions, such as:

• Medical care and healthcare appointments

• Living arrangements or assisted living choices

• Nutrition, education, and general well-being

This is especially relevant for adult children caring for aging parents in the Springfield area or for parents managing care for minors or disabled dependents.

Combined Guardianship

In some cases, the court may appoint one individual to serve both roles, or split them between two parties. Known as combined guardianship, this arrangement is typically applied when both financial and personal matters require equal oversight. Courts consider family dynamics, potential conflicts, and the complexity of the case when determining the best structure.

Court Oversight & Making Changes

All guardianship roles in Virginia are subject to judicial oversight. If a guardian is no longer able or appropriate for the role, a new guardian can be appointed—but only through court approval. This formal process ensures continuity, protection, and alignment with the individual’s best interests.

Why Advance Planning Matters

While guardianship serves an essential protective function, it can be time-consuming and emotionally taxing. By contrast, establishing a comprehensive power of attorney while you or your loved one is still competent allows for greater control, flexibility, and privacy.

At Madigan & Scott, we advise clients throughout Fairfax County, including Springfield, to consider their estate and incapacity planning early. With the right legal guidance, you can avoid the stress of emergency guardianship proceedings and ensure your loved one’s wishes are honored.

 

Let’s Talk About Your Options

Navigating guardianship and POA in Virginia doesn’t have to be overwhelming. Our experienced attorneys at Madigan & Scott Inc. are here to help you understand your options and tailor a plan that protects your family’s future.

 

Contact our Springfield office today to schedule a consultation and start building a plan that gives you confidence and peace of mind.