QUESTION
Can I get a POA over my mother's medical situation at the age of 18?
Asked on May 30th, 2013 on Estate Planning - Florida
More details to this question:
My mother is mentally ill and diagnosed with post-partum depression and malnutrition. She is not capable of making choices for herself and needs medical help. My step father has power of attorney over her but is not taking the needed medical steps. I have researched and know for a fact what medicines, doctors, and resources she needs to keep stable. Is there a way that I can gain power of attorney (just for medical, not financial) over her and if so is there a minimum age because I am only 18.
22 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the assistance of probate counsel who can file a petition for conservatorship of the person of your mother, for medical powers over her to obtain the necessary medications and medical assistance she needs and you are old enough.
Answered on Jun 04th, 2013 at 1:07 AM
Unfortunately given your mother's current mental capacity, you will not be able to get a POA from her. In Florida the age of majority is 18 and you are legally able to be an agent for her IF she has the mental capacity to give it. Due to your mother's mental capacity, what you need to do is petition the probate court to obtain guardianship of the person, your mother (this is only her physical care, not financial care). You are old enough and if you can prove to the court you are in the best position to take over your mother's needs, then the court may determine you to be her guardian.
Answered on May 31st, 2013 at 9:51 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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As long as your mother is competent. If not competent, you can petition the Court of Chancery for a guardianship of her person.
Answered on May 31st, 2013 at 9:50 AM
Bankruptcy Attorney serving Huntington Beach, CA
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Stuart A. McKenzie Attorney at Law
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Your age would not limit your ability to be your mothers agent under an Advance Health Care Directive because you have attained the age of majority. However for you to be her agent she must name you. Since she lacks capacity she cannot name you at this time. If her needs are not being attended to and she cannot take care of herself you should investigate if her situation is appropriate for the appointment of a conservator. First talk to her husband.
Answered on May 31st, 2013 at 2:10 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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18 is old enough. If your mother is competent to execute an advance health care directive or a power of attorney for health care she can name you. If she's not competent, then you can petition for conservatorship of the person. I hope you succeed.
Answered on May 31st, 2013 at 2:09 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You are an adult, so you could be named as your mother's agent under a POA, but only if she is willing to give it to you and has the capacity to do so. Since she has already given POA to your step-father, if she is not willing/able to give you POA, then your only other alternative would be seeking guardianship through the probate court.
Answered on May 30th, 2013 at 2:24 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Bring action to declare her incompetent and to have yourself appointed as the conservator. However, step father will fight you and your'e going to have to have more than just a difference of opinion to trump your mom's spouse's position.
Answered on May 30th, 2013 at 2:23 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You would need to have your mother sign an "Advance Directive," naming you her health care representative. She does not need to go into all the end-of-life choices, just go so far as to name you HCR. And, yes, 18 is old enough. If your mother cannot sign the Advance Directive, you would need to get guardianship.
Answered on May 30th, 2013 at 2:22 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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At 18 you can but typically she has to grant it and if she is mentally incapable she cannot grant it. You can petition a court for guardianship. But that takes $$ and your stepfather might fight it.
Answered on May 30th, 2013 at 2:21 PM
2 Awards
If she has legal capacity, and she wishes to name you as her agent, yes you an be her agent under the POA. If she does not have capacity or cannot/will not sign, you can go to court and request a conservatorship based on the best interest of your mother.
Answered on May 30th, 2013 at 2:20 PM
3 Awards
Since her husband has power of attorney, you would need to proceed in guardianship court to have him removed as her attorney in fact and try to have yourself, or an independent third person, appointed as her legal guardian. This is not an undertaking that you want to try on your own. You need to consult counsel where your mother lives to address your options and costs.
Answered on May 30th, 2013 at 2:18 PM
Family Law Attorney serving Villa Park, CA
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The Law Office of John J. Stanton
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You need to seek a Conservatorship over your mother. You can seek it over her person and leave her estate (finances) alone.
Answered on May 30th, 2013 at 11:40 AM
No, you may not. If your mother is already incapacitated, then she may lack the required capacity to even create a Power of Attorney. For more detailed information, you should consult with an attorney specializing in guardianships.
Answered on May 30th, 2013 at 11:39 AM
I commend you on your initiative in learning about your mother's conditions and identifying possible treatment options. Unfortunately, your age makes it unlikely that you would be granted power of attorney for her health care decisions. There are several non-medical ways you can aid your mother during her illness, such as helping to establish a supportive home environment, reminding her to stay on her medications, and encouraging her to eat properly. If you can go with your mother to her next medical appointment, you can share your concerns with her doctor and ask for assistance in getting her the help she needs.
Answered on May 30th, 2013 at 11:38 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The POA comes from your mother. If she is not competent, she can't give it to you. Even if she is competent, if she doesn't want to, then you can't get it. If she is incompetent, you can petition the court to become her guardian and conservator based on your step-father's unreliable care. However, it may be expensive, particularly if step-dad fight it. The court may also be reluctant to allow an 18 year old to make the decisions, but if you prove that you are mature enough to handle it, it may be a go.
Answered on May 30th, 2013 at 11:37 AM
In this situation, the essential questions that needs answering is: "Does your mother have mental capacity to sign a Medical Power of Attorney document?" If she does, you will have to discuss things with her and bring her to an attorney to have the proper document(s) drafted for your situation. If she is not legally competent, you will have to petition the Probate Court in your County (the mental health division) in order to override her existing document(s) and give you the ability to take over her medical decision making.
Answered on May 30th, 2013 at 11:35 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You may need to petition the court for guardianship unless your mother voluntarily gives you a health care power of attorney. Be sure it has a mental health provision.
Answered on May 30th, 2013 at 11:35 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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At 18 as an adult you are qualified legally to serve as agent. However, you can't "get" a POA; your mother has to choose to give it to you by signing a new Power of Attorney for Health Care. Talk to her.
Answered on May 30th, 2013 at 11:32 AM
At 18 you are an adult, so could qualify under a POA. The issue is her mental competency to sign a POA. If a doctor would state that he is mentally competent enough, she could revoke the POA given to your stepfather and sign a new one for you. Another option would be to have you appointed as her guardian.
Answered on May 30th, 2013 at 11:30 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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At 18 you are a legal adult and can have power of attorney over someone else. This assumes that your mother is mentally competent to grant the POA, and is willing to revoke the POA granted to your step-father and give it to you instead.
Answered on May 30th, 2013 at 11:29 AM
1 Award
18 years of age is the minimum age to be an agent in New York, so you're fine.
Answered on May 30th, 2013 at 11:27 AM
Sanford M. Martin
If your mother has mental issues which prevent her from making basic choices and has so been diagnosed by a physician, she will have difficulty signing a DPOA delegating such medical responsibility to any person. You may contact her primary physician to determine whether that person would approve you for such responsibility you are requesting, which is that of being designated a health care surrogate for your mother. Your age is an issue usually age 21 is a minimum. To appoint a guardian which is responsible for such medical and financial decision will require court action. So the issue of a Designation of Health Care Surrogate or Power of Attorney for Medical purposes rests on the present ability of your mother to sign such documents. From your inquiry, her mental condition is not clear. Many have malnutrition,depression, and other mental issues but are still able to execute such documents.
Answered on May 30th, 2013 at 11:26 AM