QUESTION
Can you get an emergency power of attorney on a mother when there is no emergency present?
Asked on May 01st, 2014 on Estate Planning - Illinois
More details to this question:
You are neither caring for or aware of her daily care and you do not live in the same state.
8 ANSWERS
3 Awards
A person may make a power of attorney so long as they have the requisite capacity. Your questions may be misstated, and it may be a guardianship or conservatorship. Have an attorney in the state where your mother lives review the file or power of attorney and advise you on what action you may be able to take. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on May 05th, 2014 at 5:33 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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I never heard of an emergency power of attorney. If your mother has capacity she can sign a power of attorney (either temporary or durable); if she does not have capacity a court can appoint a conservator.
Answered on May 01st, 2014 at 3:27 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not quite sure what an "emergency power of attorney" is. If you mean can you get a form signed that will take care of the person in the event there is a later emergency, then the answer is absolutely yes. The agent listed in the form does not need to live in the same state as the principal, nor to be caring for or even aware of daily care. The situation you describe does not sound like an ideal arrangement, but there is nothing that would prevent someone from naming someone under those circumstances.
Answered on May 01st, 2014 at 3:26 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You can file for a petition for conservatorship which will give you authority to manage your mother.
Answered on May 01st, 2014 at 12:01 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There's no "emergency power of attorney." Power of attorney is granted by the principal, and is effective when the document says its effective.
Answered on May 01st, 2014 at 11:46 AM
2 Awards
Odd question. If there is no emergency, there can be no emergency POA unless it is fraudulently obtained.
Answered on May 01st, 2014 at 9:42 AM
Powers of attorney can only be granted by the individual, in this case the mother, and can be executed at any time of her choosing. However, any interested party can petition the probate court in the county in which the woman lives to establish a temporary, emergency guardianship and/or conservatorship if her competency is in question or she has done something to harm herself or others. A hearing will be scheduled as soon as possible to see if the need truly exists for the guardianship/conservatorship and if the temporary guardian/conservator is the best person for the job.
Answered on May 01st, 2014 at 8:38 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The mother must grant the Power of Attorney to her appointed agent. The mother can make that appointment at any time and to anyone of her choosing. The mother must sign the Power of appointment to grant the authority and can do so provided the mother has the legal capacity to act.
Answered on May 01st, 2014 at 8:36 AM