Can your power of attorney make legal decisions if they are intoxicated with alcohol or pot?

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rachel312 Asked October 2016

Can your power of attorney make legal decisions if they are intoxicated with alcohol or pot?

A family members power of attorney is on a power "trip" with who can see grandma (who is mentally with it) and who cannot. This POA is always getting drunk and high at her house and yet still bossing everyone around. Is there legal rules what they can and cannot do? We are frustrated that an intoxicated person is making the decisions of care.

Power of Attorney (POA)

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score 0 · Answer 1

Who is she bossing around, if it is only her and Grandma? What does Grandma say about the drinking and pot smoking? Are you sure Grandma is still with it?

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score 0 · Answer 2

Just curious- how do you know the POA is getting drunk and/or smoking weed at your grandma's house?

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score 0 · Answer 3

When you see the attorney, raise the issue of the substance abuse. It sounds not only as if this person is not qualified to handle the responsibilities, but that there's an issue of failing to act in the best interest of your GM. If you can document this (such as discreetly with a camera phone, there might be grounds for abuse of authority. That should be justification, if your grandmother needs it, but it's still her choice who she wants to serve as proxy for her.

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