Legal Question in Wills and Trusts in Tennessee
How can I get power of attorney over my aging cousin? I am the only living family member he has. I live in Tennessee.
1 Answer from Attorneys
If your cousin is competent to give you power of attorney, he can execute the document(s) appointing you his attorney-in-fact. In Tennessee, there are two different powers that can be delegated to an attorney-in-fact: (1) the power to make health care decisions via a Power of Attorney for Health Care, and (2) the power to make all other decisions (including power over bank accounts, investments and real property) via a Durable General Power of Attorney.
Ideally, your cousin should contact an attorney who can prepare the documents on his behalf. I recommend that he contact an attorney who focuses his/her practice in the areas of estate planning and/or elder law.