does power of attorney give you guardianship?
i am 17 i will be 18 in april and my mom gave my boyfriends mom power of attorney now a year and half later they took me out of his home and are trying to say that did not give his mother guardianship? is that true or is it bull.
- 1 decade agoFavorite Answer
They're different things, but someone would have to read the document to make sure the power of attorney didn't include guardianship. I think that usually a power of attorney is for a certain thing or period of time, guardianship is longer I think. With only 3 more months until you become an adult, why does it matter?
- SherriLv 44 years ago
POA and guardianship are VERY DIFFERENT things. If a person grants power of attorney to another person, both can make decisions, transactions, etc. Thus, if an individual wants not to live in a nursing home, a person with power of attorney cannot make it happen. If the individual who granted POA is not incapacitated, that person may revoke the POA. If that individual is incapacitated, a court may revoke the POA. If an individual is another's guardian, it means that a court has determined that the ward is incapacitated and that the guardian was appointed by the court. Usually, the court retains authority to monitor the situation (audit the assets and expenditures and income of the estate, review the physical and mental well-being of the ward, etc.). If you believe an adult is being exploited, go to your state's agency on adult protective services. Or consult your attorney to see if you can apply to be that person's guardian.
- Anonymous1 decade ago
two different issues. power of attorney relates generally to medical or financial authority. guardianship is completely different and requires a court approval. not sure if it was granted, but from your question it seems as if it was not. funny thing about legal issues, most people think they know the law. unfortunately they do not. check with an attorney in your city, but in april, keep in mind, all of this becomes moot.
- 1 decade ago
Yes it will give u guardianship and but with a minor child no he has no say so in your guardianship all it did was give him control of your grandma and all her assets and estate... I have poa over my mom and basically i make all the decisions when it comes to bills, doctors, and finances plus i am responsible for her upkeep and health and well being...