How can I obtain POA for a sick sibling?

I would be seeking medical and financial POA.  It is for a sibling of whom I have been a caretaker for over 20 years. They are unable to sign the POA due to poor health.

Asked on July 26, 2010 under Estate Planning, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the party can not sign the Power of Attorney (for financial use) or the Health Proxy (for medical use) then you will have to apply to the court to become the conservator and/or guardian over the estate of your sibling.  Every state has a set of laws that allow a person to petition the court to take charge and help someone who can not any longer help themselves.  You will need to provide some sort of proof of their condition and their state at this point (letter from doctors, medical records, etc.) in support of the petition.  Once the petition is granted you will have the ability to do what you need for them.  Remember that it is a fiduciary duty and carries with it the rights and obligations to and for the party for whom you are appointed. Good luck.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.