Legal Question in Family Law in New York
POA Vs. Legal Guardianship
I work for a not-for-profit agency that serves people with Developmental Disabilities. I work with someone who has both a POA and a Legal Guardian. Her POA lives locally and would like to sign everything on behalf of the person we serve, however I am unaware of the terms of his POA ability so when it comes to consenting for treatments I am more comfortable sending things to guardian who lives in another state. This is causing a little annoyance with POA. Does one supercede powers of other? Please advise.
1 Answer from Attorneys
Re: POA Vs. Legal Guardianship
You would have to see the power of attorney document, as well as the judges order establishing a legal guardianship. Both should spell out what each can do. Sometimes they may over lap. In that regards you have to go with the court order.
I question that a person with developmental disabilities has the capacity to sign a power of attorney for himself/herself.
A poa is usually for financial purposes and does not contain treatment provisions.
A legal guardian has the right (in the court order) to cosent to treatment on behalf of the developmental disabilities individual.
If you need any further information, please feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
