TRY ME!
Power Of Attorney Misuse
Summary
Power of Attorney (POA) allows someone to make decisions for another. In North Carolina, POA must be used in the best interest of the individual. If your father, who has dementia, can still make decisions, it complicates the situation. A medical professional or the POA document typically determines incapacity. Police officers do not have the authority to deem someone incapacitated. While showing the POA document is not always required, it can be requested if authority is questioned. Legal aid organizations may offer affordable assistance. Consider reviewing the POA terms and consulting with a legal professional for clarity.Full Conversation
My mother has General Power of Attorney and health care power of attorney for her husband (my Dad) who has dementia. She is using it now to restrict our access to one another. She called the cops when I took Dad for a walk outside and invited him to go for a ride down the road to which he agreed. The cop said if I took Dad for this ride there I could be arrested fir kidnapping. Although my father has dementia he still maintains capacity to make simple decisions and choices. I don't think Dad's power of attorney goes into effect unless he can't decide. And I don't think Mom's use of it is valid if she is not acting in his best interest. I don't think the cop had legal basis to threaten my arrest.
It sounds like a challenging situation. Here are some general points regarding Power of Attorney in North Carolina:
- A Power of Attorney (POA) allows someone to make decisions on behalf of another person.
- General POA covers financial and legal matters, while health care POA covers medical decisions.
- It's crucial that the person with POA acts in the best interest of the individual.
To better understand how your dad's POA is structured and whether your mom is misusing it, you may need legal advice. Would you like to be connected to local lawyers who can assist you further?
- A Power of Attorney (POA) allows someone to make decisions on behalf of another person.
- General POA covers financial and legal matters, while health care POA covers medical decisions.
- It's crucial that the person with POA acts in the best interest of the individual.
To better understand how your dad's POA is structured and whether your mom is misusing it, you may need legal advice. Would you like to be connected to local lawyers who can assist you further?
No
I understand this is a tough situation. If you want to address your concerns about your mother's use of the Power of Attorney, you might consider these options:
- Review the terms of the Power of Attorney documents for any specific stipulations.
- Consult with a legal professional about whether your mom's actions align with her legal obligations.
- Consider discussing the matter with Adult Protective Services if you believe your father's well-being is at risk.
If you have further questions or need more information on a specific aspect, feel free to ask!
- Review the terms of the Power of Attorney documents for any specific stipulations.
- Consult with a legal professional about whether your mom's actions align with her legal obligations.
- Consider discussing the matter with Adult Protective Services if you believe your father's well-being is at risk.
If you have further questions or need more information on a specific aspect, feel free to ask!
Could I be arrested?
In North Carolina, taking someone against their will or without legal authority could result in charges like kidnapping. However, if your father agreed to the outing and has the capacity to make that decision, it might not meet the criteria for such a charge. It's crucial to consult with a legal professional to understand your rights and the specifics of your situation. Do you have any documentation or evidence showing your father's consent during the outing?
Yes, but the cop said Mom has POA and Dad has dementia simple as that
Case Rating: *
In North Carolina, the use of Power of Attorney (POA) must align with the best interests of the person for whom it's appointed. If your father has the capacity to make decisions, it complicates the situation. Documenting consent is important. Consider consulting with a legal professional for personalized advice, especially if you have evidence of your father's consent. If you have further questions, feel free to ask!
In North Carolina, the use of Power of Attorney (POA) must align with the best interests of the person for whom it's appointed. If your father has the capacity to make decisions, it complicates the situation. Documenting consent is important. Consider consulting with a legal professional for personalized advice, especially if you have evidence of your father's consent. If you have further questions, feel free to ask!
Who decides when the general POA goes into effect for someone with dementia?
Case Rating: *
In North Carolina, the general Power of Attorney (POA) typically goes into effect when the person granting the POA is deemed incapacitated. This determination can be made by a medical professional or based on the terms set in the POA document itself. If the POA document specifies conditions for activation, those must be met. It's advisable to review the POA document and consult with a legal professional for clarity on when it should be active.
In North Carolina, the general Power of Attorney (POA) typically goes into effect when the person granting the POA is deemed incapacitated. This determination can be made by a medical professional or based on the terms set in the POA document itself. If the POA document specifies conditions for activation, those must be met. It's advisable to review the POA document and consult with a legal professional for clarity on when it should be active.
Can a cop deem incapacity?
Case Rating: *
In North Carolina, a police officer does not typically have the authority to deem someone incapacitated. Incapacity is usually determined by a medical professional or through specific conditions outlined in the Power of Attorney document. If you have concerns about this situation, consulting with a legal professional may provide clarity.
In North Carolina, a police officer does not typically have the authority to deem someone incapacitated. Incapacity is usually determined by a medical professional or through specific conditions outlined in the Power of Attorney document. If you have concerns about this situation, consulting with a legal professional may provide clarity.
Is my mother obligated to show Dad's POA before using it?
Case Rating: *
In North Carolina, while it's not always legally required to show the POA document before using it, it can be requested if someone questions the authority or actions taken by the person holding the POA. It's advisable to consult with a legal professional for further guidance on this matter.
In North Carolina, while it's not always legally required to show the POA document before using it, it can be requested if someone questions the authority or actions taken by the person holding the POA. It's advisable to consult with a legal professional for further guidance on this matter.
I am not going to consult with a lawyer because doing so is not affordable.
Case Rating: *
It sounds like a complex situation with potential legal implications. While consulting a lawyer may seem costly, there are legal aid organizations and pro bono services that might offer assistance at reduced or no cost. You could explore these options for guidance on your father's rights and the proper use of POA. If you have any more questions or need further clarification, feel free to ask!
It sounds like a complex situation with potential legal implications. While consulting a lawyer may seem costly, there are legal aid organizations and pro bono services that might offer assistance at reduced or no cost. You could explore these options for guidance on your father's rights and the proper use of POA. If you have any more questions or need further clarification, feel free to ask!
Start a new chat