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My grandmother recently suffered a stroke, she is still of mental capability but she does require assistance..my aunt helps to take care of her, her bills, and anything having to do with her health...i was discussing with her that she should try to get power of attorney because the rest of her siblings don't really care about my grandmother or her health, they're just waiting for a big payout...my question is this what type of power of attorney should my aunt request, she doesnt need it right now but she will if anything happens to my grandmother and she becomes infirm or dies. and also if she has power of attorney on my grandmother if my grandmother dies will she be responsible for her medical bills legally?

2007-07-05 04:25:22 · 5 answers · asked by tythegemini 2 in Politics & Government Law & Ethics

5 answers

She should get a power of attorney at the bank, at least.

It would expire immediately on your grandmother's death, and does not obligate your aunt.

2007-07-05 04:31:28 · answer #1 · answered by Chief BaggageSmasher 7 · 0 0

There are two types of Power of Attorney, specific and general. In a specific power of attorney, the document details what powers the grantor gives the grantee. This can be anything from "sell my car" to "open my mail" to "pay my bills". In a general power of attorney, the grantor allows the grantee to conduct any legal business in the grantors name. This can be dangerous since there are no limits to what the grantee can do. It is also worth noting that while you can give a power of attorney to someone, that does not obligate anyone the grantee deals with to honor it. For example if you aunt wanted to acquire a line of credit in your grandmothers name, she has the legal right to do it, but the lending institution also has the right to refuse the transaction. In no way is your aunt responsible for your grandmothers debts after your grandmother dies unless your aunt acted in an unjust manner, such as taking a line of credit and using it on herself instead of a manner that was in your grandmothers best interest.

2007-07-05 04:44:24 · answer #2 · answered by idahoarchmage 4 · 0 0

Even though she doesn't need it now...now is the time to get the Power of Attorney (POA). You need to have it BEFORE it's needed, because if your grandmother becomes infirm before the POA is established it can be very messy for everyone.

You also will want her to get a General Power of Attorney. This will allow your aunt to take care of ALL things for your grandmother.

2007-07-05 04:37:39 · answer #3 · answered by Mrs.M 4 · 0 0

General Power of Attorney which will enable somebody to do both banking, sell real estate if that is necessary, and make health care decisions. The reason for the "health care decisions" is to enable a family member to consent to medical and surgical procedures, if necessary, and to sign the papers necessary to admit her to a retirement home, nursing home, etc. It should also include HIPAA authority to consult with health care providers.

Also, she needs an advance health care directive.

She may also need estate planning advice from an attorney.

2007-07-05 04:35:22 · answer #4 · answered by Mark 7 · 0 0

capability of lawyer potential that the holder of the capability can characterize the guy in legal concerns, make medical judgements, and different considerable merchandise or movements. although if the guy is eighteen, the guy with the capability of lawyer can act for the person, make medical judgements and financial concerns.

2016-09-30 22:40:20 · answer #5 · answered by kawamura 4 · 0 0

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