QUESTION
How much control does a durable power of attorney have?
Asked on Nov 26th, 2014 on Family Law - Utah
More details to this question:
My aging father refuses to quit driving even though he's been in a couple of accidents. I'm afraid he's going to seriously injure himself or someone else if he continues to drive. I have a durable power of attorney from when he was in a care facility. Does that give me the right to make him stop driving?
1 ANSWER
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Randy M. Lish, Attorney at Law
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The problem you face is not only what the power of attorney will let you do, but the practical problem of stopping your father from driving. Legally, whether the power of attorney gives you the right to stop your father from driving depends on the power of attorney itself what does it say you can do? Generally, the power of attorney allows you to represent your father in dealing with third persons; it is not usually used to take control of your father in regards to his own conduct.
Answered on Dec 01st, 2014 at 4:03 PM