Walk It Through: Papers For A Parent
A power of attorney, an advance directive, and a sibling's petition for a guardian.
An aging parent wants an adult child to handle the bills.
Two things a person in this spot might do. Picking one shows what the law says about it.
One family and three documents. Conservators for property, revoking a power of attorney, life sustaining treatment rules and what a guardian may do after appointment are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- AgentThe person a power of attorney names to act for the principal, who has to use the principal's property for the principal's benefit unless the document provides otherwise.
- Power of attorneyA written document in which a principal names someone as agent. With no words delaying or limiting when it takes effect, it is effective when executed, and the agent may go on acting even after the principal becomes financially incapable.
- Clear and convincing evidenceThe standard a court applies before appointing a guardian, and the one a forfeiting agency meets to forfeit real property.
- GuardianA person a court appoints to provide continuing care and supervision, only on findings by clear and convincing evidence, with an order no more restrictive of the person's liberty than is reasonably necessary.
- RespondentThe person a guardianship petition is about. If the respondent objects, a hearing has to be held, and the respondent may appear in person or through a lawyer.
- Advance directiveA document a capable adult executes, signed and then either witnessed and signed by at least two adults or notarized, which may appoint a health care representative to make health care decisions if the adult becomes incapable.
- Health care representativeA competent adult appointed in an advance directive to make health care decisions if the person becomes incapable. The appointment takes effect when the representative accepts it.