How do I become power of attorney?

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How do I become power of attorney?

My sister died due to medical malpractice she was single she had 5 kids 3 that were adopted out the oldest 2 didn’t get adopted because they were to old there in there 20’s my mom is suing the hospital and has an attorney and he says the money will go to the kids and that’s fine except one of the girls is a prostitute and the other is on drugs my mom is 72 years old and not in good health she wants me to be power of attorney so the

Asked on March 9, 2017 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot become the attorney-in-fact or agent (those are the terms for the person give power by a power of attorney) over an adult unless that adult him- or herself gives you that power, with a written power of attorney. So there is no legal way for you to have a power of attorney for any now-adult children, such as the prostitute or the drug user. If money goes to them, they can whatever they like with it. You can't become the attorney-in-fact over any minor children, either, since minors don't have attorneys-in-fact and cannot grant POAs; they have legal guardians (typically their adoptive or biological parents), which guardians have the power to decide what happens with their money while the chidren are still minors.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot become the attorney-in-fact or agent (those are the terms for the person give power by a power of attorney) over an adult unless that adult him- or herself gives you that power, with a written power of attorney. So there is no legal way for you to have a power of attorney for any now-adult children, such as the prostitute or the drug user. If money goes to them, they can whatever they like with it. You can't become the attorney-in-fact over any minor children, either, since minors don't have attorneys-in-fact and cannot grant POAs; they have legal guardians (typically their adoptive or biological parents), which guardians have the power to decide what happens with their money while the chidren are still minors.


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