Durable Power of Attorney

**laurmouse** · 03-05-2009, 02:39 PM

Hello,
My 22 year old son is severly metally disabled and has become addicted to drugs. His doctor has suggested to get a Durable Power of Attorney so that we can care for him better and protect his life. Could you explain the differences between this and legal guardianship? My ex does not want to do guardianship because he was told he would then be liable for all our sons legal and monetary debts that may incur. My son is on medicaid and receives SSI.
Agonizing Mom
New Mexico

**Mr. Knowitall** · 03-07-2009, 07:31 PM

A durable power of attorney is granted by the individual (your son) - but he can only do that if he's mentally competent. A guardianship is created by a court.

Why do you think that being a guardian makes you responsible to pay the ward's debts with anything more than the ward's own assets?

**laurmouse** · 03-08-2009, 12:57 PM

My ex said that somebody told him that they had guardianship over their adult child, and now they were being held responsible for tons of debt that he incurred. What do you suggest? Whatever it is, there would be no problem, I think, with the court. According to his Docs, that would give the information necessary. If you are guardian of an adult, and they drive a car under the influence and hurt or kill somebody, is the guardian responsible?

**Mr. Knowitall** · 03-08-2009, 01:11 PM

We have none of the facts for the "friend of a friend"-type story supposedly related to your ex. Guardians are not automatically liable for the actions and debts of their wards. If he's not competent to drive, as guardian you would not provide him with a car or lend him your own car.