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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
4 lawyers agree
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.
** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. For more information, you can reach my office at: ww.EGoldLaw.com or by calling: 818-279-2737.
2 lawyers agree