Expired POA (Power of Attorney)

[bauerthelaw]

Hello. I am friends with an elderly woman. In 1998, she had named me as her POA. The POA had a clause in it saying that it expired after 30 days.

A month ago my friend became very sick - to the point that life or death medical decisions had to be made. My friend has not spoken to a family member in over 20 years, so the hospital came to me for the decisions. I had let them know about the expired POA and they said that since I seem to be the only one responsible for her and as her last POA, they would like me to be in on the decisions for her. I have then been consulted on all procedures done to her.

I am the executor of her will.

Also, I have left no less that 15 messages for her attorney and he has never returned my calls. His assistant did say that there was no more recent POA document then the one from 1998. It is in her will that this attorney settle her estate.

My questions are:

- am I in any way liable for decisons made for my friend?
- is there away that the POA can be restored without her authorization (she's in a coma)
- do I have any resourse against this attorney (or any advice on how to get him to respond)?

THANKS!!!!!!

Steve

 

[seniorjudge]

Q: - am I in any way liable for decisons made for my friend?

A: Based solely on the facts in your post, no.


Q: - is there away that the POA can be restored without her authorization (she's in a coma)

A: No. Someone needs to set up a guardianship for her.



Q: - do I have any resourse against this attorney (or any advice on how to get him to respond)?

A: I am not sure why you are asking this. The lawyer has no duty to talk to you.

 

[bauerthelaw]

Thanks a lot, seniorjudge! I appreciate your help. The reason that I was asking Q3 (concerning the lawyer involved in the estate) is that I was looking for answers to these questions (which you provided in virtually no time). The dr's were looking for answers to a very serious medical situation and I could not get him to return calls. I assumed he did have a responsibility to respond and I appreciate you clearing that up.

Can I set up the guardianship or will that need to be set up by someone else (and then who?).

Again, thanks for the quick and thourough response.

Steve

 

[seniorjudge]

Unless there are reasons that I don't know about, you should be able to be the guardian.

Obviously, the court has to approve you first.

 

[bauerthelaw]

seniorjudge - would you recommend I do this through her attorney (the one who has not called me back) or another? What is the protocal for this (ie, what is the professional courtesy - use him or go somewhere else?).

again - thank you!

 

[seniorjudge]

Hire a lawyer you like and trust.

Period.

End of story.

Even if.