Legal Question in Elder Law in Pennsylvania
Power of Attorney
How would I obtain power of Attorney over my sister? She has recently been diagnosed with end stage lung cancer. She is ''separated'' from her husband, and has 2 minor children. I know that she will not willingly grant me POA, the husband that she is supposed to be separeted from has convinced her that she will get better, and is not advising her well with medical or financial decisions. At the present she is not the caretaker of either of her minor children. One is residing with an adult child of hers. My fear is that her husband will not take care of the children who are not his once she is gone and will continue to advise her wrongly. What can be done to determine her incompetent to make her own decisions and have myself granted POA? Thanks in advance for your time
1 Answer from Attorneys
Re: Power of Attorney
If she is unwilling to grant you a POA your only remaining avenue left is to obtain a Guardianship over either her person or estate. The first would require her to adhere to your rules, almost as if she is your minor child, the latter would give you complete authorization to determine her financial well being....be advised that unless the court determines her to be incompetent according to very stringent rules this is not possible. Remember everyone in this world has the right to make stupid mistakes. If you desire more imput, or need help obtaining a guardianship, please contact my firm at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, P.C.
412.731.0865
www.AlleghenyAttorneys.com
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