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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a friend who is POA for medical and finances for her

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I have a friend who is POA for medical and finances for her sister. The sister was diagnosed with M.S. last year and has had multiple complications, the last of which put her in the hospital with a trach. and vent assist breathing. Apparently this sister has a female partner that is spending all her money with her consent. The doctors will not declare her incompetent, though it is clear to everyone this would not be happening if she was in her right mind. I am a registered nurse and absolutely no help to my friend in this realm. What options, if any, are available to her to protect her sister from this women's stealing?

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : There are a few options for your friend. First, your friend could use the POA to take control IF it is not contingent on her sister being found incompetent. Some POA's have this caveat, and some do not. She'd just have to look at the document to be sure if a finding of incompetency is required before the POA can be used.

So she does have the option if her sister is not incompetent depending on the wording of the POA

Roger : If there is no requirement of a finding of incompetency, then your friend could use the POA to take over the accounts and control her finances. If the POA requires a finding of incompetency, your friend would either have to get her sister to sign a new POA without that language or try to find a medical professional that would diagnose her with a mental disability or a finding of incompetence.
Roger : YES - - if the POA says "in the event that I become incapacitated...." or something to that affect, then she'd have to have a finding of incompetency before being able to proceed.

Thank you , you have been extremely helpful

Roger : However, many POA's don't contain this language and authorizes the agent to act immediately.
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