can my children get power of attorney without my consent?

[jaely]

I have been told that my family thinks I am a burden because I have trouble walking and don't want to drive because I don't want to be a road hazard so they want to go to court and get power of attorney over me and send me to a nursing home. Can they do this?

 

[fredrikklaw]

Your Children???

JAELY:

The short, one-word answer is of course, NO! Because by definition, Power of Attorney is a fiduciary agreement given by one person (the principal) to another (the attorney in fact) voluntarily and it cannot be obtained by an adversarial legal process. So, unless you give your children a power of attorney, then the question is moot.

Now, as for your children going to court, there are only two motions they can move for: one is Guardianship and the other is Conservatorship and if they think they just walk into a courtroom and walk out with authority over your life affairs, they are sadly mistaken. Because to obtain Guardianship your children have to go to court and have you declared Non Compos Mentis, meaning that you suffer major mental deficiency and therefore not of sound mind. The standard of proof for such a motion is very high so as to require (among many other things) extensive and expert psychiatric examinations and declarations on both sides of the action. This is a long, drawn out court fight requiring pretty deep pockets as the cost of such litigation can be astronomical. So, unless your children are willing to spend upwards of $30,000 or $40,000 just to put you in a senior living environment, they are barking up the wrong tree. And to obtain a conservatorship, the kids will have to show that you are of a very advanced age and suffering from physical infirmities and have become a bit forgetful; otherwise known as having a weak mind.

All that said and done, the Guardianship and Conservatorship are very much fiduciary in nature and purpose and are awarded to trusted and benevolent individuals who can oversee and protect the estate of the elder friend or family member because he or she is incapable of conducting affairs due to old age and other physical infirmities.

What your children have in mind for you is far removed from such complicated and expensive proceedings and it is more suited to an eviction action. But I get the feeling that you own the house from which the kids are trying to remove you and hence an impossible endeavor on their parts.

All in all, you have nothing to worry about! Now, thinking to myself as to what I would do if I were in your shoes and in a similar situation: I would, in one stroke, pre-empt my detractors and put my mind at ease for the rest of my days by giving a most trusted friend, family member, or even better, my attorney, power of attorney and be done with it. Everyone else can just go take a long walk, off a very short pier!

Here's to those who wish us well, and those who don't can go to hell!

fredrikklaw

 

[disagreeable]

Jaely, perhaps getting a 4 wheel electric scooter would work in your location. It is freedom at 7.5 mph. You can get one with lights, turn signals and flashers that will go 22 miles. Don't let losing your leg use condemn you to a house. Whether you go for coffee everyday in the morning, or a ride through the park, you still have value and can find ways to make your day bright on occasion. I can put mine into my truck and go to the fair each year. (I admit I probably look funny taking an hour nap with my head leaning on a wall when i go though.)

 

[army judge]

I have been told that my family thinks I am a burden because I have trouble walking and don't want to drive because I don't want to be a road hazard so they want to go to court and get power of attorney over me and send me to a nursing home. Can they do this?

As long as your mind is sound, no one can force you to do anything.
That said, what you do is entirely up to you.
Some people prefer to live in an assisted care facility.
As with many things, the quality of the care caries.
An assisted care facility is not the same thing as a nursing home.
People have different needs.
Some people prefer to stay in their own home, and have a caretaker come in daily to visit and care for them.
Some people, my sister-in-law prefers the in her home own approach, and employs a care taker seven days a week.
She is bed ridden, and a quadriplegic.
Her mind is still sound, and she makes her own decisions.
Illness is a difficult dilemma for the person afflicted, as well as their family.

The main thing you need to know is that whatever happens to you, only happens if you authorize it.
Your note was well written, your content posted is clear.
I conclude your mind to be sound, for what its worth.

You decide what you want, and you take that course.
Tell the rest of your meddlesome family to stay away, whatever you do don't give them access to your money.
Once they have a power of attorney, they tend to steal what little money (or BIG money) they can get their greedy paws around.
They also neglect your needs.
You don't want or need that.

So, Google "in home care giver", talk to a few, and decide if that will work for you.
Don't make a snap decision, think it through, don't let anyone bully you.

Okay, read the information in the links I've posted for you.
As you research the site, get up to speed about your rights, keep in touch.
I'm an old codger, and have seen what shenanigans goes on.
Maybe we can just offer words of encouragement, but you're not alone.
As long as the Good Lord keeps me kicking, I'll be around trying to help.

Every state has a state government agency serving seniors, and those with infirmities.

Here's your state's agency. Read what they can do to help you:

http://www.caregiverlist.com/Mississippi/departmentonaging.aspx

Here's information on financial assistance for seniors in MS:

http://www.needhelppayingbills.com/html/mississippi_agency_on_aging.html

One more:

http://www.mississippigethelp.org/