Is it legal for a paid caretaker, who is not related become the clients power of attorney?

My uncle passed away in Feb. and his wife , whom I acknowledge as my aunt is
still living. They had a person, whom I assumed was a CNA coming in for the past
2-3 years after the he and my aunt had been hospitalized, she does lite cleaning
and administers medicine. Since my uncle has passed away my aunt has authorized
the caretaker to become her power of attorney, is this legal?

Asked on April 15, 2016 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A mentally competent adult may designate any other mentally competent adult to become her "attorney in fact" (that is the person given authority by a power of attorney). The attorney in fact may be a paid caretaker or other paid employee or professional (lawyers and accountants are common choices). The designation would have to be in writing, and would have to meet her states requirements for validity; but assuming it does, this would be legal.


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