For example, Bob may grant a durable power of attorney for finances to his son, Jim, for the tenure of one real estate deal.If someone you know is ill, or just getting older, he may want someone that he knows and trusts to be able to make decisions about the care he receives. He may also want you to make health care decisions in the future. He may want someone else to control his personal finances for a short time or for a long period of time after he is incapable of doing so himself. Someone you know may need to give you power of attorney for many reasons. X Research sourceĪssign power of attorney. Your situation will be assessed based on your eligibility to serve as guardian, his inability to take care of himself, and the lack of other possible fitting options to guardianship.These courts make the decisions for the guardianship of those that live in the area. You need to go to the state circuit or district court of the county where he lives.X Research source Elder Law: Cases and Materials, LexisNexis, Fifth Edition (See chapter 9, “Guardianship”) That is, he must not be able to meet his own basic needs. To become a guardian of someone, the principle much first be labeled legally incompetent by the court. You must go to court to ask to be appointed as a conservator or guardian.If your loved one is not mentally sound and has not granted power of attorney, you may need to get adult guardianship, also known as conservatorship, to take care of his affairs. If your loved one is not mentally sound, but has granted power of attorney to you in a Living Will, you don't need to file for power of attorney. For someone to grant you power of attorney, the person must be of sound mind. X Research sourceĬonsider alternatives to a power of attorney. You can also write a full durable power of attorney that gives all of the principle's rights away, both financial and health related, to one agent.This includes everything from opening the mail and depositing checks to filing taxes. You can also create a durable power of attorney for finances, which gives the agent full control over the principal's finances.These are often accompanied by a Living Will. This includes all medical decisions from going for a check up to surgery decisions. You can create a durable power of attorney for health care, which grants the agent the full rights to take care of all the principal's medical decisions when he can no longer do it himself.With this process, the person must be proven to be unable to make his own decisions before the power of attorney will go into effect. This will not go into effect until the principal can no longer make his own decisions. You can also get a springing durable power of attorney.If the word durable is not specified, the power of attorney is voided when the person who granted it becomes incapacitated. A general power of attorney does not remain in effect after someone is unable to make decisions for themselves.It continues to be valid when the person who asks for it is no longer able to make decisions. A durable power of attorney goes into effect immediately. You may also need a durable power of attorney if it is suggested that one is needed by the principal. A durable power of attorney can be used if the principal is unable to handle all or part of his affairs for a long period of time. The person who gives up his ability to make decisions is known as the principal. The person that is given the decision-making ability is the agent, also known as the attorney-in-fact. Determine the terms of the power of attorney.
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