QUESTION
How do I get power of attorrney over a senior citizen who has early signs of dementia
Asked on Jun 19th, 2021 on Guardianship and Conservatorship - Georgia
More details to this question:
Chris is 63 years old and his sister put him in an abusive personal care home that exploits him. His brother-in-law had power of attorney over him but he died in October. The sister won't take my calls. Does Chris have the right to assign power of attorney over to me, his friend who is not a family member.?Chris was adopted as a child, so was his sister. If I adopted him would I be able to control where he lives even if his sister objected / Tessa LeBaron
2 ANSWERS
Probate Litigation Attorney serving Lawrenceville, GA
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First, you cannot get a power of attorney over someone. A competent person has the ability to appoint someone to be his power of attorney. If Chris is not competent, he cannot appoint a power of attorney. You will need to judge whetherhe is competent. If he is incompetent, he cannot appoint a power of attorney. In that case, you would need to apply for guardianship over him.
Answered on Jun 21st, 2021 at 7:57 AM
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First, you cannot get power of attorney over someone. They can grant it to you if they have the legal capacity to do so.
Second, power of attorney does not give you the authority to decide where someone lives. Guardianship of the person does.
Third, adoption has nothing to do with it.
Answered on Jun 20th, 2021 at 5:32 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.