Legal Question in Family Law in Kansas

Re: Guardian of a disabled adult

Your fact pattern describes a tough situation. To make a power of Attorney designantion, one must have legal capacity. You do not have enough space here to provide enough information for an attorney to give you a proper opinion as to whether your sister has capacity to make such a designation. The side questions is, who would contest the attorney in fact's actions? Most likely it would be the other family members, your sister, or some of her creditors. If everyone in teh immediate family signed an affidavit agreeing to the designation, only your sister or possibly her creditors could contest the power of attorney.

The alternative is to have the Court designate someone the conservator of your sister's assets and/or guardian or custodian of her person. This is probably the more likely alternative for your sister's situation.

I suggest you consult directly with an attorney in your area that practices probate law. It has been my experience that homemade, bookstore, and internet do-it-yourself forms provide more legal work than they save.

Good Luck