Can the Courts actually grant PoA to ANYONE?

Question

Consider scenario - Elderly person, no relaitves, sick in the hospital, or in an Assisted Living Centre.
Along comes Joe/Jane Blogg, who having hunted for such a person, fills out a few forms, goes before a Judge bogged down with caseloads,with an emergency motion, then emerges from the Court a fully licenced Conservator (?) with the ABSOLUTE power over that vulnerable elderly person - the power over his/her bank accounts, Estate etc.
It's irrespective whether the vulnerable person KNOWS this person authorised by the Court.

That Judge has effectively allowed this person to spend that vulnerable persons' money, and have COMPLETE CONTROL over a complete strangers' life during what is a very vulnerable time.. and as we all KNOW, there are some "wrong 'uns" out there people.

What re-dress do the innocent have should a worst case scenario occur, and all the Estate is decimated by an unscrupuless individual out for a quick, easy buck?

I for one am leaving my Estate to provide for a cat sanctuary.

Can you see a complete stranger allowing my wish to come into his/her plan of action?

I realise it's UNSCRUPULOUS not unscrupuless - keyboard gremlins escaped !!

Answer 1

usually only a person's lawyer becomes a POA who is not a relative or a friend...usually the patient signs the POA while still alert and oriented..

I suppose there are con artists who abuse younger and more alert people, so anything is possible, unfortunately.

You could contact a social worker or state patient advocate (can't think of the exact name for that right now)..to report senior abuse situation...

I would never sign a POA over to anyone, but that doesn't mean someone couldn't get one anyway...hospitals can force people to get 24 hour care from an agency or go to a nursing home (and deplete all their savings)...etc, etc..

I hate to tell you this, but charitable organizations can waste a lot of money at the top on their top people in charge and other stuff...

Answer 2

It actually happens all the time. Usually, the sick elderly person has no family or friends but has mounting hospital bills, etc. A lot of the time, the hospital or care center will actually petition to become the guardian or conservator to make sure all the hospital bills are paid and to care for the patient properly. Many old people with no friends and family who are sick in the hospital just rot there. Sometimes there is no one, except the hospital, to decide whether to turn off life support, etc.

Even when a stranger is appointed conservator, they are required to make reports to the court, visit the ward. Also, the court will appoint an attorney, guardian ad litem and court evaluator during the proceedings to make sure that the conservator is doing the best for the patient. In most states, the commission for serving as a conservator is only about 2%-3% of all monies paid into the estate and all monies paid out of the estate, which isn't a whole lot.