Tammy, what exactly do you mean by “power of attorney on me”. is it: - that Sissy feels you r not capable, competent or cognitive to do for yourself, so she wants you to let her become your POA. OR - is this that Sissy wants to be the POA on an elder (mom, dad) in your family BUT you also want to be the POA. Different situations. Which is it?
Get connected with a social worker who can advise you or an attorney who knows elder law who can advise you on the paperwork you should set up in the event that you become incapacitated. You should set up two powers of attorney, one for medical decisions and one for financial decisions. You should also write up a living will (advance directives) which states your medical preferences. If you have assets, you should also have a will. Most banks and financial institutions require their own POA forms. You also need to have someone on file with Medicare and Social Security who can speak on your behalf, this can be done with a phone call. Have the person sitting there with you when you make the call, if possible.
No one "gets" a power of attorney on someone. That someone (you) must properly execute a document providing someone with authority to act on your behalf.
Guardianship is a different situation, in which a court is involved and grants authority to someone to handle specific issues addressed in a guardianship order, on behalf of an individual who has been deemed to need such help.
I think that if you elaborate on your situation, and specifically why your sister may want to control aspects of your life, you could get additional, and succinct answers.
As explained, you assign someone to be POA and you can make certain stipulations. There are two types. Immediate meaning as soon as you sign that paperwork the POA is in effect. Then there is Springing which means you have to be found incompetent to handle your affairs before the POA is effective.
A POA is a great tool if handled correctly. The person is your representative and does what you would have done. They oversee your health and finances. But they don't use your finances for themselves. They don't have to be at ur beck and call or do they have to physically care for you. They are there to help you.
I suggest if you do not want this sister as a POA, then you assign someone you trust. Do it thru a lawyer with both you and the assigned understanding what the POAs responsibilities are. If there is no POA in place, then the State can step in and you do not want that.
Your sister could try for guardianship but you need to be present for that. You need to show that ur competent to handle ur own affairs.
Only you can give someone POA. If there is a situation where you are incapacitated then someone can pursue guardianship through the court.
To protect yourself in case of illness or some event causing your incapacity, assign a POA to someone that you know would look out for your best interests. But talk with that person first, don't let it be a surprise.
It is also a good idea to have a successor named in case something happens to the POA. Have an attorney help you to prepare the documents you need to protect yourself.
DeckApe's post is short and to the point. What are the specifics of your situation? Why does she want the authority to make decisions for you? Giving someone the legal authority to make decisions for you (that is, giving them your POA) is something you have to agree to, it is your decision. To deny someone that authority, you simply don't agree. Anyone you grant this authority to must make decisions in your best interest, not theirs.
Power of attorney is something YOU grant to someone else for you. You can withdraw that at anytime as long as you are mentally competent to understand what you are doing.
On the other hand, guardianship/ conservatorship is something a JUDGE grants someone else for you. That’s a long and expensive process. Judges won’t grant that to someone as long as you are mentally competent.
There could be other temporary situations such as if you are a danger to yourself, for example you are suicidal. Or you are unable to express yourself for a short time, for example, you are found unconscious on the floor and can’t be woke up.
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See an attorney specializing in the rights of those who are disabled, special needs, mentally ill, or unable to make their own decisions.
If you are able to understand and still able to make your own decisions, you can appoint your own POA. Someone other than your sister.
If you don't need a POA, get a doctor to write a letter for you, take it to your attorney.
is it:
- that Sissy feels you r not capable, competent or cognitive to do for yourself, so she wants you to let her become your POA.
OR
- is this that Sissy wants to be the POA on an elder (mom, dad) in your family BUT you also want to be the POA.
Different situations. Which is it?
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Guardianship is a different situation, in which a court is involved and grants authority to someone to handle specific issues addressed in a guardianship order, on behalf of an individual who has been deemed to need such help.
I think that if you elaborate on your situation, and specifically why your sister may want to control aspects of your life, you could get additional, and succinct answers.
A POA is a great tool if handled correctly. The person is your representative and does what you would have done. They oversee your health and finances. But they don't use your finances for themselves. They don't have to be at ur beck and call or do they have to physically care for you. They are there to help you.
I suggest if you do not want this sister as a POA, then you assign someone you trust. Do it thru a lawyer with both you and the assigned understanding what the POAs responsibilities are. If there is no POA in place, then the State can step in and you do not want that.
Your sister could try for guardianship but you need to be present for that. You need to show that ur competent to handle ur own affairs.
To protect yourself in case of illness or some event causing your incapacity, assign a POA to someone that you know would look out for your best interests. But talk with that person first, don't let it be a surprise.
It is also a good idea to have a successor named in case something happens to the POA. Have an attorney help you to prepare the documents you need to protect yourself.
https://www.aplaceformom.com/caregiver-resources/articles/essential-documents
On the other hand, guardianship/ conservatorship is something a JUDGE grants someone else for you. That’s a long and expensive process. Judges won’t grant that to someone as long as you are mentally competent.
There could be other temporary situations such as if you are a danger to yourself, for example you are suicidal. Or you are unable to express yourself for a short time, for example, you are found unconscious on the floor and can’t be woke up.