the group home tells hims all the time to spend his money and they let him run his money down to $ 14.50 and its even got lower then that
You would not get POA and guardianship. A POA takes the place of guardianship and vice versa. Whether or not your brother has capacity to sign a POA is the issue. If he does not, then you would need to seek guardianship (and conservatorship) for him. These are probate court proceedings and you would benefit by using an attorney to help you set up and maintain administration of your brother's estate. The attorney can also assess if your brother has the capacity necessary to execute a POA. My guess is he probably does not, but this is a very fact specific question. A POA is generally preferable to guardianship/conservatorship, because it eliminates the need for court and the ongoing responsibilities to the same. It is also much cheaper to establish and maintain.
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Estate Planning Attorney
Mr. Frederick has provided you with clear direction. You should contact a local probate attorney for guidance and direction, specifically including the question of your brother's mental capacity. I would add that you should have a candid conversation with the group home management to explore their financial advice to your brother. It seems odd.
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