The health care surrogate is a pre-emptive documentation that allows for the avoidance of a court appointed Guardian. The guardian form is for pre-nomination of a guardian, if required by a court. The health care surrogate and durable power of attorney cover the same things and should avoid the need for a guardianship. A court can still appoint a guardian for a very limited purpose and let the Healthcare Surrogate and Durable Power of Attorney continue in effect.
