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2007-06-02 05:27:04 · 1 answers · asked by carburetormaster 1 in Politics & Government Law & Ethics

1 answers

You could secure the documents yourself, but I think the best way to approach the matter is to have your mother make an appointment with a lawyer.

What you probably do not realize is that there is an ethical issue as to who is the client if you want to secure a power of attorney for your mother. Is a lawyer acting for you or for your mother? When an agency such as a power of attorney is contemplated, one must consider the best interests of the client.

I have known too many elderly people who would sign any document that is placed in front of her or him. An lawyer needs to determine if the client is competent to sign a power of attorney, and secondly if that is really what she wants to do.

Under Pennsylvania law, certain disclosures are required to the principal so that they understand that the agent has the power to do a wide variety of tasks, and those tasks may include the basic tasks such as banking and paying bills, but may also include selling the family home, and making gifts to the agent himself or herself. The agent (attorney-in-fact) must also agree to serve as agent (attorney-in-fact) for the principal, and act in the best interests of the principal. There must be no commingling of the agent's funds with the principal's funds. The agent must properly account for all funds spent for benefit of the principal.

2007-06-02 05:39:27 · answer #1 · answered by Mark 7 · 1 0

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