Hi,

My BIL is 55 yrs old and is bipolar and on disabillity. My MIL rents an apartment with him. Her rent keeps going up and she is worried that if she died he would not be able to live in the apt. as it is in her name. She said that he is not allowed to have the apt. in his name because of his mental illness. I said can't my husband become the legal guardian for him and take care of his rent out of her estate money? All her accounts are FBO my husband.

She knows he would not be happy living with us, and we would not be able to put up with him, as he is getting worse each day.

What kind of legal document will help my husband have the right to handle his care?

Thanks

Power of attorney would give him the right to take care of his financial responsibilities. Also I do believe that SSD has a signature space on his paperwork that asks if you need a guardian to take care of your financial affairs.

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Originally Posted by N0help4u

Power of attorney would give him the right to take care of his financial responsibilities. Also I do believe that SSD has a signature space on his paperwork that asks if you need a guardian to take care of your financial affairs.

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Thank you for you answer. May I ask who is SSD?

Social security disability Social Security Online - The Official Website of the U.S. Social Security Administration

Is that where he collects his disability from or is it from a workmen's comp or something?

But he will really need guardianship, Power of attorney allows him to sign for the other person, but not make his choices. The person can decide to do something ( buy a horse and move it into the apartment) and a power of attoreny could not stop it. The POA can not make the person do something they don't want to do, a guardian can.

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Originally Posted by N0help4u

Social security disability Social Security Online - The Official Website of the U.S. Social Security Administration

Is that where he collects his disability from or is it from a workmen's comp or something?

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I don't know where he collects it from, good question. So my husband would obtain the power of attorney from the place that pays the disabililty. Sounds right to me. And thanks so much.

I get power of attorney and guardianship mixed up as sort of the same.
Yes guardianship he needs to go for guardianship.
If he is getting his disability from SSI then go to them as well as checking with a lawyer.

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Originally Posted by Fr_Chuck

But he will really need guardianship, Power of attorney allows him to sign for the other person, but not make his choices. The person can decide to do something ( buy a horse and move it into the apartment) and a power of attoreny could not stop it. The POA can not make the person do something they don't want to do, a guardian can.

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Thanks, I did mention to my MIL that my husband would need to become his legal guardian because she has babied him all her life lliterally. Oh well, I can only hope and pray they do the right thing for him for crying out loud. Thanks again.

And no, you don't receive power of attoreny from where he gets his money, your power of attorney comes from him, if he is of sound mind, you then send the people who pay him a copy of the POA