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How Do I Take Over as Power of Attorney for My Father?

How Do I Take Over as Power of Attorney for My Father?

Full question:

My father is in a vegetative state. My brother has power of attorney but is does not live in the united states- canada, and travels so much that he cannot be located. I am the daughter of the patient and would like the power of attorney given to me.. What needs to be done

Category: Power of Attorney
Date: 04/07/2025
State: Pennsylvania

Answer:

The answer will dpeend on whether the power of attorney contains provisions for an alternate or successor agent. If none was provided for, then it may be necessary to establish a guardianship. The father would need to have mental capacity to revoke or change the power of attorney. Guardianships may be either over a person, their estate, or both. A guardian manages the daily financial matters of the estate and/or provides care for the person.

Please see the information at the following link:

http://www.courtinfo.ca.gov/selfhelp/family/guardianship/index.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the disadvantages of being a power of attorney?

Being a power of attorney (POA) comes with significant responsibilities. One disadvantage is the potential for personal liability; if you make decisions that harm the principal or mismanage their finances, you could be held accountable. Additionally, the role can be time-consuming and stressful, especially if the principal has complex needs. There may also be emotional challenges, particularly if family dynamics are involved. Lastly, a POA can be revoked at any time by the principal, which may leave the agent without authority unexpectedly.

What is a POA not allowed to do?

A power of attorney (POA) cannot make decisions that are against the principal's best interests or violate their wishes. This includes making decisions about medical care if the principal has expressed a specific preference. A POA also cannot change the principal's will or make gifts beyond what is allowed under the terms of the POA. Additionally, a POA cannot act in a way that benefits themselves at the expense of the principal. Always refer to the specific terms of the POA document for limitations.

Can a patient override power of attorney?

Yes, a patient can override a power of attorney (POA) as long as they have the mental capacity to do so. This means they can revoke or change the POA at any time, provided they are able to understand the implications of their decision. If the patient is in a vegetative state and unable to make decisions, they cannot override the POA. It is important to consult with a legal professional to ensure that any changes are made correctly and legally.

Does a US power of attorney work in other countries?

A U.S. power of attorney (POA) may not be automatically recognized in other countries. Each country has its own laws regarding POAs, and some may require specific forms or notarization to be valid. If you plan to use a U.S. POA abroad, it is advisable to check the local laws of the country in question. In some cases, you may need to create a new POA that complies with that country's legal requirements.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney (POA) cannot make decisions about the principal's medical care if the principal has specified their wishes otherwise. A POA also cannot alter the principal's will or make decisions that benefit themselves at the expense of the principal. Additionally, a POA cannot make decisions after the principal has passed away, as their authority ends at death. Always refer to the specific terms outlined in the POA document for clarity.

What does power of attorney give you authority over?

A power of attorney (POA) grants the agent authority to make decisions on behalf of the principal regarding financial matters, legal affairs, and sometimes medical care. The extent of this authority depends on the type of POA established—general, limited, or durable. A general POA allows broad powers, while a limited POA restricts authority to specific tasks. It's crucial to understand the terms of the POA document to know what decisions you can make.