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Guardianship vs Power of Attorney

Guardianship vs Power of Attorney

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.

Got A Question Relating to Mental Illness?  If I don’t have an answer, I will find one.

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How to set up your will to provide for your mentally Ill Child

How to set up your will to provide for your mentally Ill Child

Setting up a Special Needs Trust for a Mentally Ill Family Member

Face it, we are not going to live forever….so how do you provide for your mentally ill family member?  That’s where a Special Needs Trust comes into play.  Its basically a will with provisions in it to provide for someone who is disabled.

It will allow my son to inherit my estate without losing his social security disability insurance.

It will protect my child’s financial future, a trustee oversees his assets. He won’t be able to buy a Ferrari, nor will anyone be able to take advantage of him.

Since my son is difficult, I chose the attorney who wrote the trust to be the trustee.  Just be sure to choose a firm that will be around for a while.  It is a big can of worms if the Trustee dies before the beneficiary.

This is a VERY specific document.   FEW attorney’s are legally qualified to write one.  Do your homework.


Got a question relating to mental illness?

Email me–

Peace Protection Hope & Happiness



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