Legal Question in Wills and Trusts in Indiana

I want to modify my power of attorney. Is guardianship related to POA (i.e Would the POA automatically be considered as guardian)? I have a POA and an alternate. The POA is not likely to want to serve in this capacity, but thinks a lot like I do. The alternate would be better as an administrator, but doesn't think like I do. I don't necessarily expect him or his wife to honor my wishes. I don't want to come under their guardianship. I have a friend who knows and respects me much better than any of the above, but is not legally in a position to serve as POA. Is there any way he can be brought into the picture? I have a durable Power of Attorney, and a medical one. I live in Indiana. I have written a document called Medical and Related Considerations. Can that be made legally binding. This is a free legal question. I'm not currently in a position to pay even a small fee. If I will be charged, don't answer this.


Asked on 8/27/10, 4:29 am

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

A Durable Power of Attorney is often called the "Poor Man's Guardianship" because it gives enormous powers, the same kind of powers a Guardian would have, but at a much small cost. It sounds to me like you're covered, assuming the Durable Power of Attorney was drafted by a competent attorney. There could still be a need for a Guardianship, but it isn't likely. The Durable Power of Attorney does not make someone a "guardian," but they are instead called the Attorney-in-fact. Not sure what your "Medical and Related Considerations" are, and if you drew it up yourself, it may or may not do what you expect it to do. If you have a medical power of attorney, that should take care of what you need done. You might consider getting a Living Will. These can sometimes be obtained at a hospital or doctor's office for free.

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Answered on 9/02/10, 8:59 am


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