Do we need a power/medical attorney or legal guardianship for a brain damaged family member?

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Do we need a power/medical attorney or legal guardianship for a brain damaged family member?

I have a 33 year old brother who has brain damage. My parents want me to establish guardianship or power and medical of attorney. Which do I need to have? He has no assets but is on SSI and Medicaid.

Asked on February 17, 2012 under Estate Planning, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a family member who has brain damage and cannot make decisions on his or her own, a conservatorship or power of attorney would possibly be in order for this family member. The issue is to what degree does the family member have brain damage?

Meaning, can the family member per a doctor's opinion make an informed decision about signing a power of attorney? If not, then a petition for a conservatorship should be made. I suggest that you consult with an attorney that does elder care law further as to your two options and the circumstances concerning your brother.


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