Legal Question in Family Law in Louisiana
Power Of Attorney
My girlfriend's mother has been in and out of mental facilities for more than a decade. She is now without a home and money, and no one in the family is able to care for her needs. She is mentally sick, and takes medication for what is comparable to bipolar disorder. Time has come to make a decision for her, as she can not care for herself. Talk is about obtaining power of attorney, and committing her to a 2? 3? year program. Maybe more. She would never do it on her own. If we obtain power of attorney, what does that mean for us? If she does something bad, are we in any way liable? Are her debts ours? What are the limits? And is this the best way to go? She was recently admitted to a short program, and was kicked out within days. She refuses to admit her problems, blames others, and once she feels confident, stops all medication and then publicly creates disorder, to the point of her arrest at times. She is in her late 50's. Can you please advise us in this area? Any guidance would be appreciated. Even to the point of how to select the right attorney to get this done.
Regards,
1 Answer from Attorneys
Re: Power Of Attorney
Power of attorney is authority freely given by one person allowing another person to manage their affairs. It does not reduce the authority of the individual over their own life. It is also not the solution to your problem.
First, to give a power of attorney, the person giving the authority (known as the Principal) must have the mental capacity to manage their own affairs and to freely choose to give up that authority.
Second, the Principal can still override any acts of the person given the authority (Agent) because the Principal is not giving up control of her life, merely sharing it with the Agent.
What you may need is to have the woman committed to a long term mental health facility. Contact your local mental health unit for guidance.
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