Can one person have a care agreement and be the GPOA?

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jaxin1 Asked February 2017

Can one person have a care agreement and be the GPOA?

My cousin (Godmother) approached me and asked me to be her GPOA, Advanced directive, HealthProxy and living will. I suggested her brother should be but she said he wanted nothing to do with her. As a professional Live and Business coach I always suggest my clients in their elder years have a care agreement with someone they trust as well as a DPOA. She told me she had no one who would care for her should she became sick to help her with her daily living and so on. I explained the 2 were very different and having no husband or children she needs to find someone. She then asked me if I would handle it all. A very specific care agreement was setup with both of us and signed. Several months later the Living will, Health proxy, and GPOA was signed with her lawyer appointing me as well. Can one person serve as both?

Power of Attorney (POA)

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score 0 · Answer 1

See an elder attorney who is better equipped to handle this question.

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score 1 · Answer 2

One person can be both, but a GPOA becomes ineffective once she is declared incompetent. That would leave you with only the Health Care Proxy. That can leave you in quite a fix.

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score 0 · Answer 3

One person can be a Power of Attorney and an Executrix (upon death) and the POA for a Living Will. But, they are separate documents for each.

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score 1 · Answer 4

jaxin1, I see no problem with this. It wouldn't be uncommon for adult children who are their parents Power of Attorney, Executor of the Will, etc. who are also paid caregivers w/agreement to their parents.

But as cwillie mentioned above, ask the Attorney who drew up the legal documents.

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score 2 · Answer 5

I think this is a good question to ask the lawyer who drew up the documents. Really though, I don't see anything wrong with it, there would only be a problem if the POA drew up and signed their own care contract when the grantor was unable to do so.

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Can one person have a care agreement and be the GPOA?

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