DEFINITIONS

Custody – the immediate charge, care and control of a  person, but does not divest the person in custody of his/her legal rights (e.g. parent/child relationship).

Legal Guardian – a person lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person because the person is of minor age, or has a defect of understanding or self-control, or is considered incapable of administering his or her own affairs.

Power of Attorney (POA) – an instrument that conveys, in writing, one person’s desire to appoint another as his/her agent or attorney-in-fact, and conveys authority to perform certain specified acts or kinds of acts on behalf of the principal.  If the POA is “durable” it remains in effect in the event the principal becomes incapacitated. Otherwise, a POA ends upon the death, revocation, or incapacitation of the principal.