This has to do with Power of Attorney. I have a special needs son who is 21 yrs of age. He has an IQ of less than 65 and the mental equivale...

Question

This has to do with Power of Attorney.

I have a special needs son who is 21 yrs of age. He has an IQ of less than 65 and the mental equivalent of a 12-14 yr old. Everything is medically documented along with his brain damage. I am his payee for his Social Security benefits. I need to know what steps I need to take to legally be his caretaker/Power of Attorney. We have had issues where he has wandered off & law enforcement is less than helpful when it comes to getting back because I don't have the POA.

Answer

You probably need guardianship. You need to talk to an attorney. This will not solve his wandering problem, however. Look on this website and on www.avvo.com for an attorney in your county.

Answer

Once someone is already incapacitated, whether that is recently or from birth, it is no longer possible for that person to select agents or others to make decisions for him or her.

The only thing left is likely to be to obtain a guardianship. If you are already the representative payee, and if your son has no other assets, then you just need a guardianship of the person. If he has assets, then you might also need a guardianship of the estate. The guardianship of the person is far easier and less expensive to get and manage.

You should discuss this with a qualified guardianship attorney because there might be other options depending on the facts of the situation.

Good luck to you and your son.