Legal Question in Wills and Trusts in Indiana

At what point does a Power of Attorney decision making start? If the person assigning the P.O.A. is still mentally capable of making decisions, can the P.O.A. make random decisions?


Asked on 12/21/12, 1:40 pm

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

It depends on how the Power of Attorney is worded and what powers were conferred. A Durable Power of Attorney (often called a "Poor Man's Guardianship,") is a very effective tool. But, it depends on when it is to take effect. Is it on the individual's incompetency? What does the document say? You really should bring the document into a lawyer for examination and get a definitive decision as to your question.

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Answered on 12/21/12, 2:39 pm


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