QUESTION
can power of attorney give control over money?
Asked on Sep 15th, 2012 on Nursing Home Litigation - North Carolina
More details to this question:
a person has been diagnosed with dementia, and needs a pacemaker due to a heart condition. every time we are in the hospital he starts freaking out and we have to leave be fore the surgery stars, one of my family members is trying to get a power of attorney so he can get the surgery done...the issue is that we do not trust this family member and there is the possibility that he might take money from him. i would like to know if the power of attorney that he gets would give him power over financial decisions. also the person diagnosed still has full concept of money, prices(expensive, cheap). the only reason for this power is for a pacemaker.
1 ANSWER
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You can have the attorney who draws up the power of attorney specifically exclude certain powers - so you can accomplish your goals here. Just make sure the attorney understands. One problem, however, is that if the person who needs the care lacks mental capacity, the attorney may determine that he cannot properly execute any power of attorney. In that case, you may need to have a guardian formally appointed. Good luck.
Answered on Sep 16th, 2012 at 8:25 AM