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  1. #1
    Join Date
    Oct 2007
    Posts
    7

    Default Durable Power of Attorney vs. Legal Guardianship

    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

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Durable Power of Attorney

    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?

  3. #3
    Join Date
    Oct 2007
    Posts
    7

    Default Re: Durable Power of Attorney

    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?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Durable Power of Attorney

    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.

  5. #5
    Join Date
    Oct 2007
    Posts
    7

    Default Re: Durable Power of Attorney

    Do you have to use a lawyer to do this? Or is it possible to file something on your own to bring before a judge?

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