Legal Question in Family Law in Alabama

power of attorney

I need to know about power of attorney-what does it consists of in the state of alabama. I have a friend who is need of full time care as he is not in his right mind. He has no family to speak of and is taking V.A. prescription meds, and is no longer capable of taking care of himself. I also need to know what I would be responsible for if I had power of attorney over his financial and medical care. I also need to know how to find out how to go about getting power of attorney. Do I need to have a family member's consent to get this power of attorney? He has just one brother, and we are not sure what to do at this point.


Asked on 1/23/04, 9:20 pm

1 Answer from Attorneys

J.Clayton Davie, Jr. Davie & Davie, LLC

Re: power of attorney

A power-of-attorney is a formal and legal grant of authority to another to act on one's behalf for one or more specific purposes, or for a broad range of powers, such as handling all of their personal and financial affairs, and making decisions concerning medical care- even decisions concerning the withdrawal of life support. You would be required to act as a prudent fiduciary in the grantor's best interest. The individual granting the power-of-attorney must be legally and mentally competant to enter into such a contract and your question raises such as a possible issue. Preparing the power-of-attorney contract is the easy part; however, in order to reflect the true intent of the parties, achieve their objectives. and minimize future difficulties, there are several issues and details that should be discussed and explored, especially if the grantor is in poor health and has other family and property or assets to which they have an expectancy.

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Answered on 1/24/04, 5:15 am


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