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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3802
Experience:  Experienced in both state and federal court.
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Can a mentally ill person who is on Mental Disability hold

Customer Question

Can a mentally ill person who is on Mental Disability hold Power of Attorney over another person in the state of Louisiana? One of the mental diagnosis is Bi-Polar although I'm pretty sure there are other mental diagnosis to add to that. As of recently she has been pretty unstable and just recently was placed on a 8 day Psych Hold. This person has recently said she held POA and if this is true then it is 100% that she did not disclose this info to the attorney who handled it. This person has also done some illegal stuff regarding Social Security and Medicaid so it's hard for me to believe that someone of this caliber would be allowed to hold POA over someone else. Can you please say if it is automatically not considered in Louisiana or if it is does it depend on how stable she is?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

There is no automatic bar to a person on disability for mental disabilities holding POA over someone else.

TexLawyer :

That said, the judge will decide if the person is "fit" to serve, and certainly the fact that the person seeking the POA is themselves disabled due to a mental disorder, that is going to be something to overcome.

TexLawyer :

The judge will need to see that the person is stable (of course, if the person is too stable, the judge may start to question their disability).

Customer:

The person is my sister, so IF she indeed does have POA of our mother who has Dementia then I will need to obtain an attorney to contest her having POA?

TexLawyer :

Yes. You need to make sure to do it as soon as she files it, since many judges sign POAs as a matter of course. In other words, don't assume the judge will look into your sister's background before signing the POA, so your attorney will have to be diligent.

Customer:

This was supposedly done several years ago and it was all done in an attorneys office. I had POA at one time until my sister flipped totally out and insisted my mother remove me. Then she turned around and "supposedly" obtained it. I spoke with my mother today and she has NO recollection of ever going to the attorney to do this but my mother has a really hard time remembering from day to day certain things. When I had POA it was all done in an attorneys office and I never saw a judge.

Customer:

I tried researching this online and like I said, one place says absolutely no one with mental illness then other places say it depends. So confusing.

TexLawyer :

That makes sense. If she files for POA, you need to contest it. Just based on the fact that she's on disability, she will be fighting an uphill battle.

TexLawyer :

I can tell you from experience that it does depend.

TexLawyer :

There are plenty of situations where a person with mental illness, assuming it is under control, could be a suitable POA>

Customer:

Well since she would have done this about 2 years ago but I have not seen the papers. She has great issues with me, severe jealousy. My sister is not a trustworthy person and I can assure you and any judge she may have done many things in those two years that would not be right. She is also on record of having scammed Social Security and Medicaid so that can't be in her favor either. I guess I have a battle on my hands then. I appreciate your help although you did not tell me what I wanted to hear but not your fault.

TexLawyer :

Glad to help.

TexLawyer :

I wish I could give you the answer you want, but I can only give an honest assessment of the law and your case.

TexLawyer :

To do otherwise would be a waste of your money. Like I said, though, she will be facing a major uphill battle.

Customer:

I understand. What I said was not meant as an insult. Just joking with you.....or else I'll cry. Don't really have the money to fight this but I'm afraid my mother's affairs are already in a mess if she's been POA for 2 years. I see over by your name it says click the "accept" button but I don't see an accept button. I assume I need to click on a rating then will see an accept button.

TexLawyer :

All you need to do is "rate" the answer. You don't have to "accept."

Customer:

ok..will do and thanks again.

TexLawyer :

Glad to help. Good luck!

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3802
Experience: Experienced in both state and federal court.
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