Powers of Attorney
How do you find out how to obtain medical and financial power of attorney? Does the person have to sign a form to give power of attorney?Our brother is claiming to have power of attorney, but our mother says he does not, nor does she want him to. How do we find out if he has power of attorney? Can there be more than one power of attorney? Does the family have to agree on who is named power of attorney?Our mother is quite competent and is able to make decisions,but she is quite ill.
2 Answers from Attorneys
Re: Powers of Attorney
A power of attorney is a legal document which must
be signed in proper form and notarized and verified
etc. It may be filed in the County Clerk's Office
but this is not necessary unless real property is
being affected. While not a difficult task to
prepare, it still should be done by an attorney
You can have more than one, but it is not recomended
There are no standards of conduct relative to a
Power of Attorney
Having a Power of Attorney is better than having
a need to have a Guardian appointed when one
loses competency because that is the most expensive
proceeding
The family has nothing whatsoever to do with who
a person gives a power of attorney to
They could get involved in a formal Guardianship
petition.
Hire a lawyer who knows this stuff
Re: Powers of Attorney
If your brother has a power of attorney, your mother would have had to execute a document. If she says she did not sign any such document, then he has no power of attorney.
Also, ask him to produce the original power of attorney. If he cannot, he never had it.
He may simply be trying to take control. Confront him about it, and if he will not produce paperwork, he probably doesn't actually have the power of attorney.
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