Legal Question in Family Law in Maryland

POA vs. guardianship

I have a 20 year old mentally handicapped daughter. I wish to ensure that I can make financial and medical decisions for her. Is it better to be named her guardian (since she is of age) or prepare a POA for the financial and medical situations?


Asked on 1/11/05, 11:51 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: POA vs. guardianship

Since your daughter is mentally handicapped, she lacks the capacity to execute a power of attorney. You will have to file a court petition seeking appointment as the guardian of the person and/or the property of your daughter. This can be a somewhat complicated process, and you are well advised to have an attorney take care of this for you. Let me know if I can be of assistance.

Robert Sher

301 986-4555

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Answered on 1/11/05, 12:12 pm


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