Legal Question in Elder Law in Minnesota

Guardianship vs. POA

I am a social worker who is working with a woman whose father (age 53) had 3 massive strokes. As a result, he is non-verbal and cannot use his extremedies without physical assist. The daughter believes he is oriented, but it can not be proven. Does she have to go to court to get guardianship? It's the advice I've given her, but we both wanted to make sure.


Asked on 6/09/08, 4:09 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Guardianship vs. POA

I assume there is no durable power of attorney or document naming a health care agent.

Inability to use extremeties tells us nothing about competence. Ask his primary care physician for his opinion as to whether he's competent (he's probably going to be asked for it in the course of a guardianship anyway). If the physician gives a written opinion that he's competent, suggest to him that he sign a durable power of attorney and health care directive. If he can't understand what those things are and express his wishes, he's probably not legally competent. After all that, if there's still doubt, a guardianship is the safest way to go.

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Answered on 6/09/08, 4:45 pm


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