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does this allow the older sister taking care of the younger sister to make decisions like hospital care? is she at risk to be taken to a foster home?

2006-09-21 15:28:21 · 8 answers · asked by MidnightEnigma 2 in Politics & Government Law & Ethics

the older daughter is 26 and the younger daughter is 14

2006-09-21 15:33:46 · update #1

8 answers

Yes it is giving the older sister the power to make all dicisions for the younger sister. No there shouldn't be any risk of foster care unless the older sister abuses that power and endangers the younger sister

2006-09-21 15:33:28 · answer #1 · answered by Lori H 3 · 0 0

Everyone should have a power of attorney specifically for medical reasons. If you were in some horrible accident you wouldn't be able to file for your disability until you were of sound mind (off pain killers) which could take weeks. People loose their houses cars etc. because of this. It also has to do with "Do not resuscitate" .

Here is what I found

"Power Of Attorney

A legal document giving one person (called an "agent" or "attorney-in-fact") the power to act for another person (the principal). The agent can have broad legal authority or limited authority to make legal decisions about the principal's property and finance. The power of attorney is frequently used in the event of a principal's illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions.

Investopedia Says: There are many good reasons to make a power of attorney, as it ensures that someone will look after your financial affairs if you become incapacitated. You should choose a trusted family member, a proven friend or a reputable and honest professional. Remember, however, that signing a power of attorney that grants broad authority to an agent is very much like signing a blank check - so make sure you choose wisely and understand the law that applies to the document."

2006-09-21 15:40:41 · answer #2 · answered by Snuggs77 2 · 0 0

Power of attorney means that you are in 100% control of your younger sister. Was the paper written up? Did it state temporary power of attorney or did it say Power of Attorney? Was it notarized by a notary public? A Power of Attorney, in its strict legal sense, is a document in which someone gives another the authority to make certain decisions and act on behalf of the person granting said Power of Attorney. The person to whom the power is given is called an “attorney-in-fact."

The person to whom the Power of Attorney is given does not have to be an attorney. The most important duty of the attorney-in-fact is to act as a fiduciary, making certain that all actions taken under the Power of Attorney is in the best interest of the person granting the Power of Attorney (called the “principal”).

However, it should be noted that the Power of Attorney vests tremendous power to the recipient and as a result, the attorney-in-fact must be someone the principal trusts implicitly. That requirement alone would ordinarily exempt the majority of attorneys in this country, since we can trust an attorney about as far as we can throw him (although throwing an attorney would provide tremendous entertainment).

2006-09-21 15:39:58 · answer #3 · answered by diannas_love 2 · 0 0

I assume the older sister is 18 or up.....

It would be giving the older sis guardianship. The older sister would then be a legal guardian of her sibling and hold the responsibilities of the parent, which I assume if needed would apply in a hospital as long as she showed the paper granting her the power. I'm not sure if there is a form involved, but I believe so. Check with the court house or call a legal eagle in your town. Of course it would have to be notorized, or legally signed with a witness.

I was guardian of my younger sister when I was 18. My mom lived in a different town and she sent me the forms to have notorized to send back to her, so I'm not sure how or where she got them. Hope this helps!

2006-09-21 15:34:59 · answer #4 · answered by juliett 2 · 0 0

If the mother gave the one daughter medical power of attorney, then the one daughter can make the medical decisions. It all depends upon what the power of attorney specified as the area of responsibility.

2006-09-21 15:37:03 · answer #5 · answered by volleyballchick (cowards block) 7 · 0 0

The mother can't give anyone power of attorney for anyone other than herself. Power of Attorney is a document that authorizes someone to act with the legal authority of the person granting the Power of Attorney. I think you are referring to guardianship.

2006-09-21 15:36:17 · answer #6 · answered by STEVEN F 7 · 0 0

There is full power of attorney and limited power of attorney. I had full power of attorney in order to handle all of my mother's affairs when she had full blown Alzheimer's. Financial, medical, everything.

2006-09-21 15:42:42 · answer #7 · answered by mickeyg1958 4 · 0 0

they will go together

2006-09-21 15:31:28 · answer #8 · answered by chip33302 3 · 0 1

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