Agents Compared with Guardians
Although the same person may serve in each role simultaneously, agents and guardians have different powers and responsibilities.

Source of Authority
An agent's power is specifically granted by the principal and outlined within the power of attorney. A guardian's authority is granted by the Orphans' Court, which also defines the scope of the guardian's authority as either limited or plenary.

Time When Each May Act
An agent has the authority to act at the moment a power of attorney is executed. A guardian is only permitted to act after a hearing that determines a guardian is necessary to care for the incapacitated or minor individual and an order is granted.

Legal Duty To Act
An agent has the authority to act under the power of attorney, but is not legally required to act. In contrast, a guardian is responsible for the care and management of the ward's estate or person and must take action to safeguard the ward's well-being.

Priority of Roles
Pennsylvania gives a guardian the same power to revoke or amend an existing power of attorney as the ward who created the power of attorney. This means that a guardian can terminate a power of attorney and end an agent's authority, but an agent cannot terminate a guardianship.

See: Agent, Role and Duties; Guardian, Role and Duties