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Power of Attorney
How Do I Create a Power of Attorney for Someone With a Brain Injury?

How Do I Create a Power of Attorney for Someone With a Brain Injury?

Full question:

How can I get poa on someone that cannot handle their own affairs because of a fresh brain injury? Please do not let me waste my $15.95. The bills need taken care of and they keep coming. This man has had a fresh brain injury.

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

Answer:

A power of attorney is a legal instrument that individuals create and sign that gives someone else the authority to make certain decisions and act for the signer. The person who has these powers is called an "agent" or "attorney-in-fact." The signer is the "principal." As a principal, if the principal's decisions conflict with those of the agent, the principal's decision will govern, assuming that the agent confers with the principal prior to taking an action. If an agent has acted on the principal's behalf and acted within the scope of authority granted by the power of attorney, then the principal may be obligated by the terms and conditions of his actions.

If the man has mental capacity to understand the nature of his actions, he may sign a power of attorney naming an agent to act in his behalf. If not, it may be necessary to create a guardianship if the he lacks mental capacity to manage his own affairs.

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 is a POA not allowed to do?

A power of attorney (POA) cannot make decisions that are illegal or against public policy. Additionally, a POA cannot make medical decisions for the principal if the document does not specifically grant that authority. They also cannot change the principal's will or make decisions that would benefit themselves at the expense of the principal. Always ensure the POA document clearly outlines the powers granted.

What are the disadvantages of being a power of attorney?

Being a power of attorney (POA) comes with significant responsibilities. The agent must act in the best interest of the principal and can be held legally accountable for any misuse of authority. This role can also be time-consuming and stressful, especially if the principal's affairs are complex. Additionally, the agent may face emotional challenges when making difficult decisions for someone who is incapacitated.

What is guardianship for brain injury?

Guardianship for a person with a brain injury is a legal process where a court appoints an individual to make decisions on behalf of someone who is incapacitated. This is necessary when the person cannot manage their own affairs due to their condition. The guardian is responsible for making decisions related to the individual's personal care, finances, and medical treatment, ensuring their best interests are prioritized.

What is more powerful, a will or power of attorney?

A power of attorney (POA) is effective during a person's lifetime and allows someone to manage their affairs, while a will only takes effect after death, distributing the deceased's assets. Therefore, a POA is more powerful in terms of managing decisions and affairs while the individual is alive. However, a will is crucial for determining how assets are handled after death.

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

A legal power of attorney cannot make decisions regarding the principal's personal medical care unless specifically authorized. They also cannot alter the principal's will or make decisions that benefit themselves financially at the expense of the principal. Additionally, a POA cannot make decisions that require the principal's consent if they are mentally incapacitated, unless a court has granted that authority.

How to get power of attorney if person is incapacitated?

If a person is incapacitated and unable to grant power of attorney (POA) themselves, you may need to pursue a guardianship through the court. This process involves filing a petition and providing evidence of the individual's incapacity. A judge will then appoint a guardian to manage their affairs. It's essential to consult with a legal professional to navigate this process correctly.