Yes, and No. The point of the power of attorney is that the person holding it will do only what the person granting it would have wanted or does want them to use it for. In general that means what they wanted while they were in control of their faculties.
There are many types of powers that can be written up to allow for very broad or very limited control.
For instance George is 18 and joining the military, he gives his mom Power of Attorney to handle his bills, bank accounts etc for him while he is overseas at war. Mom is only to use it to do what he would do if he were home. Generally mom has a good idea what her son wants done and an informal list of things she is to pay, purchase, etc. This is done with the knowledge that the power of attorney will not be used while George is home. It's usually written up that way.
James is 65 and has been diagnosed with the very first hints of cancer and suspicion of minor cognitive issues. James makes sure his will is in order, sets up a medical power of attorney, living will etc and assigns power of attorney to his adult daughter and also chooses someone to oversea the settling of his estate when he passes. He does so to make sure that his wishes and obligations are carried out when he is unable to do so. James is then diagnosed with mild cognitive decline which rapidly slides into severe cognitive decline and is no longer legally able to take care of his finances, remember his obligations etc. His daughter is supposed to use her power of attorney to do what James would have done before he became unable to think clearly. So if James always paid his electric bill on time but now says to her "don't pay that bill ever again", it is his daughters obligation to pay the bill even though James doesn't now want her to do so. See?
I realize that's rather oversimplified but the proper use of a power of attorney is basically to do what the person granting it would have wanted.
That is the best answer I have seen here. People do not understand that the POA limits and abilities are different depending on the state of the resident and the actual wording. There is some terrible legal advice here for this question. I think people have good intentions but are not qualified to answer anything legal, for anyone else. We should answer all questions by stating..."this is what happened to me" instead of saying "this or that is true for you". Thanks for saying this.
Time on this forum makes me more concerned about my future POA and estate planning decisions.
We all hope to be in a position where we don’t lose our faculties..., but if I do, I sure hope my POA would only act in my best interest (which hopefully would also be what I want).
Unfortunately once dementia sets in reasonable judgement goes out the window. My mother was a professional woman who now firmly believes bugs live in the cat litter, grow into robins and fight under her bed all night.
Depends on the type of power of attorney, the legal mental status of the principal, and whether the thing to be done is in the best interests of the principal or not.
You need to speak to an attorney. Find out the difference between the powers granted by a POA and those of a guardianship. Many many people think a POA has more teeth than it actually does.
Because my parents were able to convince people that they were able to care for themselves, even though they were incompetent, I couldn't do anything until a doctor said they were incompetent. I ended up going to court and getting Legal Guardianship. With Guardianship I have been able to care for my parents, and make sure they are safe and well cared for. Like some of the others have said; Go see an attorney and explain your situation. You will be told what you need to do to start the ball rolling.
The answer to your question depends on several things. I’ll use my experience with my Mom to give you an answer.
The POA my brother & I have over our mother is very broad, giving us legal authority over all her business. She has dementia, will soon be going on Medicaid, & we have had to do MANY things she didn’t want us to do. She didn’t want us to get rid of the stuff in her house when she went in the nursing home, didn’t want us to sell her car or scrap her van. Can’t you just see a small room in the nursing home with 2 large totes of shoes, 2 totes of purses, 100 dolls, and how is she even going to get on Medicaid owning 2 vehicles?!?! We signed a statement that all dealings would be to the BENEFIT of our mother, NOT for our personal gain.
Depends on the terms of the Power of Attorney. Need to read the power of attorney carefully. Also, legally you always have to act in the Best interest of the principal. Just because a power of attorney grants the agent a power it doesn’t mean they have the right to act on that power.
Even with a general power of attorney with broad powers an agent can't generally (1) change a principal’s will (2).Make decisions on behalf of the principal after their death. (3) Change or transfer POA to someone else. (4) choose another agent.
Also, your state law may limit what can be done,
When in doubt (1) be conservative in interpreting the rights of the agent and (2) talk with a lawyer
A PoA means that the one executing the PoA appoints a trusted person (in this case you) to act on his/her behalf and in his/her best interests. It takes effect when the person executes (signs and usually has notarized) the document and gives it to the person named as PoA. There is no requirement that the person be mentallly incompetent; sometimes they are immobile and can't get to banks, etc., sometimes their eyesight has deteriorated, etc.
A PoA does not authorize a person to contradict the wishes of your parents. A person, even one with some degree of cognitive loss, is free to make their own unwise decisions (unless they have been declared incompetent by a court). Let's say you think it's time for them to sell their home and move to AL. If you do this against their wishes you could be sued. However, if you believe something is in their best interests that they do not consent to, you would then need to go to court to have them declared incompetent. This is very tricky and a high bar to hurdle; incompetency in one matter may not mean general incompetency, and in persons with dementia periods of incompetency may come and go during times of general lucidity.
If your parents trust you to do the right thing when you advise them, this often goes a long way toward gaining their consent. Sometimes it may be good to video a discussion about the decision to be made, so you can show that they made a decision that you recommended, when of sound mind. But always, always to what is best for them, not what is convenient for you. Good luck.
There are many types of powers that can be written up to allow for very broad or very limited control.
For instance George is 18 and joining the military, he gives his mom Power of Attorney to handle his bills, bank accounts etc for him while he is overseas at war. Mom is only to use it to do what he would do if he were home. Generally mom has a good idea what her son wants done and an informal list of things she is to pay, purchase, etc. This is done with the knowledge that the power of attorney will not be used while George is home. It's usually written up that way.
James is 65 and has been diagnosed with the very first hints of cancer and suspicion of minor cognitive issues. James makes sure his will is in order, sets up a medical power of attorney, living will etc and assigns power of attorney to his adult daughter and also chooses someone to oversea the settling of his estate when he passes. He does so to make sure that his wishes and obligations are carried out when he is unable to do so. James is then diagnosed with mild cognitive decline which rapidly slides into severe cognitive decline and is no longer legally able to take care of his finances, remember his obligations etc. His daughter is supposed to use her power of attorney to do what James would have done before he became unable to think clearly. So if James always paid his electric bill on time but now says to her "don't pay that bill ever again", it is his daughters obligation to pay the bill even though James doesn't now want her to do so. See?
I realize that's rather oversimplified but the proper use of a power of attorney is basically to do what the person granting it would have wanted.
Please see a lawyer (in your state) and do not rely on opinions here.
We all hope to be in a position where we don’t lose our faculties..., but if I do, I sure hope my POA would only act in my best interest (which hopefully would also be what I want).
It is terrifying to think otherwise.
Why do you ask?
With Guardianship I have been able to care for my parents, and make sure they are safe and well cared for.
Like some of the others have said; Go see an attorney and explain your situation. You will be told what you need to do to start the ball rolling.
The POA my brother & I have over our mother is very broad, giving us legal authority over all her business. She has dementia, will soon be going on Medicaid, & we have had to do MANY things she didn’t want us to do. She didn’t want us to get rid of the stuff in her house when she went in the nursing home, didn’t want us to sell her car or scrap her van. Can’t you just see a small room in the nursing home with 2 large totes of shoes, 2 totes of purses, 100 dolls, and how is she even going to get on Medicaid owning 2 vehicles?!?! We signed a statement that all dealings would be to the BENEFIT of our mother, NOT for our personal gain.
Even with a general power of attorney with broad powers an agent can't generally (1) change a principal’s will (2).Make decisions on behalf of the principal after their death. (3) Change or transfer POA to someone else. (4) choose another agent.
Also, your state law may limit what can be done,
When in doubt (1) be conservative in interpreting the rights of the agent and (2) talk with a lawyer
A PoA does not authorize a person to contradict the wishes of your parents. A person, even one with some degree of cognitive loss, is free to make their own unwise decisions (unless they have been declared incompetent by a court). Let's say you think it's time for them to sell their home and move to AL. If you do this against their wishes you could be sued. However, if you believe something is in their best interests that they do not consent to, you would then need to go to court to have them declared incompetent. This is very tricky and a high bar to hurdle; incompetency in one matter may not mean general incompetency, and in persons with dementia periods of incompetency may come and go during times of general lucidity.
If your parents trust you to do the right thing when you advise them, this often goes a long way toward gaining their consent. Sometimes it may be good to video a discussion about the decision to be made, so you can show that they made a decision that you recommended, when of sound mind. But always, always to what is best for them, not what is convenient for you. Good luck.