You first have to authorize a power of attorney form, then make them sign as the 'Principal' and you should sign as the 'Attorney-in-Fact'
If your parent is competent their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options and the consequences of executing a power of attorney.
If your parent is not legally competent then you must petition the court to be appointed their legal guardian.
The Power of Attorney has no rights over a parent of sound mind. The power of attorney is given by the parent and can be withdrawn at any time. And the power of attorney automatically ends upon the grantor's death.
If they are mentally competent, yes. Their disability does not disqualify them.
There are a couple of forms a parent can complete for this. There is a Child Medical Care Authorization Form or a Child Care Limited Power of Attorney (includes medical). A Child Care Limited Power of Attorney is a document signed and notarized by a parent giving a non-parent authority to make decisions for a minor child. It is not a court order. It is typically used by a parent who is unavailable for a period of time and wants to grant authority to another person over their child.
I believe POA can be vested to anyone regsrdless of relationship.
No. Generally, a parent executes a power of attorney in order to give another adult the authority to make decisions for their child for only a short period such as when the child will be in the care of someone else as during a vacation. The person to whom the parent has given that power of attorney cannot assign it to someone else. The reason is that the person to whom the power of attorney was given does not have the right to give someone else authority over the child. That right is the exclusive right of the parent. For any extended period a temporary guardianship would be necessary and that must be done through the court system. You should always consult an attorney regarding such important legal matters.
A POA expires when the principal dies. They have no power over the estate or the beneficiary.
Children do not gain rights over their parents at any age, unless the parent has declared them able to inherit at a certain age or places them with power of attorney.
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.
A power of attorney over a child is a document signed and notarized by a parent giving a non-parent authority to make decisions for a minor child. It is not a court order. It is typically used by a parent who is unavailable for a period of time and wants to grant authority to another person over their child. It can be used to authorize the person to obtain medical treatment for a child or sign up a child for an activity or for other significant decisions.
A power of attorney is granted for a living person. It expires on their death and the executor takes over.
Yes, an elderly person can regain control over their life if a relative is abusing power of attorney by seeking legal help. They can revoke the power of attorney, report the abuse to authorities, and seek protection through legal means such as obtaining a protective order or guardianship. It's important to act swiftly and decisively to protect the elderly person's rights and well-being.
No. A Power of Attorney expires immediately upon the death of the principal.