Could a child obtain power of attorney of an 80 year old adult in there right mind?

Question

I think my grandparents are getting to old to manage day to day functions. I am sure they would not have a problem handing over the responsibilites to my older sibling. How can this be done? Is this an easy process?

Answer 1

Only an adult (legal age for contrual instruments) can act as an agent under apower of attorney.
There are two types of these agency deeds... power of attorney which you have referred to and which is basically an unrestricted power where the agent legally is more or less the other person and can make decisions over every aspect of their life and I think it is more or less irrevocable unless a court terminates it or there is a restricted power available and (sorry about the lack of teminology here but its many years since I looked at these kinds of matters).
In a restricted power the person giving the power signs a docuement specifying the the rights and activities of their agent and the agent only has authority to undertake those activities. This arrangement can be revoked by the person giving the powers.

Power of attorney deeds are not that complicated and the forms (at least for Aus lodgement) can be found on line.

Alternatively (at least her in Aus) many places such as major Utility companies and govt agencies recognise "authority to transact" this means that as in your case the 80 year could call those places and authorise a particular person to discuss/deal with those matters. For example my parents are elderly and I have authority at all the agencies to deal with their affairs on their behalf (of course the agency concerned sends them a letter of confirmation so they know what I have been doing).

Try these sites for explanation and further assistance.
USA> http://www.oag.state.ny.us/seniors/pwrat.html
http://www.lawdepot.com/contracts/powerattny/?loc=au&pid=overture-pwratt

Aus> http://www.lectlaw.com/filesh/qfl04.htm
http://www.aussielegal.com.au/poa_splash~trackingid~70.htm

Answer 2

You should talk to an attorney. What you are requesting is known as a guardianship. This would give someone the legal obligation/right to provide for daily necessities. If they want to hand over financial control, this would be considered a conservatorship.

However, based on your question above, it appears that a guardianship may be the better choice if they are still capable of handling other finance related decisions.

The following website is a good place to start.


http://www.expertlaw.com/library/estate_planning/conservatorship.html

Answer 3

It is a very easy process, my mom and her parents just filled out the form, went to the bank where they all had accounts and they had a notary there and it was a done deal.
You can get a blank copy of a POA at any office supply store, so they can take a look at what their options are on what they want to hand over control of. The process of filling out the paperwork itself may jog memories of what needs to be handled - real estate taxes, stock dividend deposits, transfers, what bills need to be paid, account numbers, etc.
good luck
Rowena

Answer 4

Yes, if the 80 year old agrees the process is easy any law firm can direct you on how to do it. If they don't like the idea, start gathering facts to show that they are not being responsible for their assets. In time, the 80 year old will come to realize they are being burdened with something they do not need to worry about.

Answer 5

No. You have to be a legally recognized adult. You cannot assume responsibility for another adult(s) until you are one. What about your parents, their children? What about other adult relatives? And just because someone is 80 doesn't mean they can't take care of themselves or have become stupid. My father is 80 years old and does quite well by himself.

Answer 6

Yep. the policies are stretched for the safety of the minor. as nicely, the word of a 4 yo won't be in a position for use for any rational reason different than to offer the law enforcement officers with added info in an study. it is inadmissable as hearsay, won't be in a position for use against the 4 yo, and a 4 yo often won't be in a position to be imputed to nicely known the variation between a reality and the lie.

Answer 7

Not unless the person is of age which is most likely 18 yrs. of age--unless they are emancipated through the courts.

Answer 8

Well, look what they did in the Anna Nicole case. They gave her body to her daughter who only about 6 months old. I guess anything is possible.