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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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.

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