is a guardianship the same as a poa?

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is a guardianship the same as a poa?

my brother is mentally retarded and was living with my father. my father went
into a nursing home and i took my brother into my home. we both went to court for
them to grant me guardianship over my brother. my brother was living with me but
now im unable to care for him so he is now living in a group home. the only
paperwork i have had all this time is the guardianship papers i received from the
court hearing. is that enough or should i get a poa and living will made up? it
seems like the group home is not including me in only certain things pertaining
to my brother. when it comes to anything medical, it seems i have no control over
it. can i have some advice please, thanks

Asked on June 25, 2017 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While a guardianship and a POA are not identical, they are similar; and, if anything, a guardianship is broader than a POA, since as legal guardian, you have the power to make all decisions for him (over his finances and medical care) that a person could normally make over himself. The home should be including you in all decisions; if they are not, you could bring a legal action in chancery court (a part or division of county court) for a court order requiring them to include you. Such an action can be procedurally complex; you should retain an attorney to help you if possible.


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