The Difference Between Guardianship and Power of Attorney
My Schizophrenic son is impulsive and not able to make decisions in his own best interest. BUT since he is over 18, we have no right to dictate his medical care or his financial decisions. Not a great situation when you consider his level of psychosis. What to do……
If you have the means hire an attorney. This just about always gives you more leverage in court.
Power Of Attorney is a document voluntarily signed by the consumer giving a named guardian the right to make decisions on their behalf if they are deemed incapacitated. My son does not believe he is ill, so the thought of signing a POW seems ridiculous to him. Even if we were to get a POW, unless he is in a coma HE gets to decide if he is incapacitated. Fun Times. The best part? He can cancel the POW whenever he chooses.
Guardianship is a court ordered document naming a guardian to act on behalf of the consumer at all times. It can only be cancelled by the court.
As you can see Guardianship gave us the right unconditionally to make the best decision on Nick’s behalf.
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