Has anyone applied for Power of attorney over their autistic son?? My 19 year old (Asperger's syndrome ) son wants to be independent and in his own apartment. I have stipulations anyway I really believe I need to get power of attorney over him due to the fact that he's not capable in making decisions unless they pertain to a video game or anime... Where do I go to begin this process?? Am I being overprotective??
You actually should be getting guardianship over your child because power of attorney suggests that your child is fully capable of turning control over to you, and it sounds like your child does not really want to do it.
Check with the laws of your state but this has to be done through the court system. You are also going to need medical documentation to prove your case.
I think this is a personal decision because you know your child best and if you think your child is going to be hurt or taken advantage of then you should do it.
The major difference is that power of attorney needs to be granted by the other party and can be taken away from that party as I understand it. Also if an issue went to court for some reason the power of attorney could be questioned legally if the second party was deemed to be not capable of understanding the power they would be giving the other person.
In the case of guardianship you are essentially proving to the court that the other party is not capable of handling their own affairs therefore they need someone to do it in their behalf.
I am not an attorney so I hope I explained it so you can understand it. You can look this information up but I think I explained it.
What is the difference between getting guardianship and power of attorney? Could you explain please and thank you for your post it was very informative