Legal Question in Legal Ethics in Tennessee
My 75 year old mother has Alzheimers disease. At her neurologist's request we have convinced her to stop driving, and taken her car-keys away. Now she has, at her Accountant's suggestion, executed both a financial power of attorney and a medical power of attorney in favor of the Accountant. The Accountant is not a family member or related in any way, and Is uncooperative with me and my brothers regarding future medical treatment for our Mother. Is it legal for the Accountant to do this? Concerned daughter Kim Lane.
1 Answer from Attorneys
My condolences on the health of your mother.
It is technically legal for your mother to appoint any person she desires to act for her under a power of attorney and/or advanced directive/living will.
But if the person she appoints is not a family member, and especially if you do not know the accountant (and the accountant does not know you) then it is a clear red flag for one or more of the siblings to seek a conservatorship. You don't mention your father/her spouse, who would be the
person primarily expected to act for her if she is unable to act for herself.
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