What happens if a loved one does not have a valid Power of Attorney?

Or, what happens if you’re told a Power of Attorney you’re acting under isn’t sufficient for you to accomplish what’s needed for your loved one?

Depending on the circumstances, applying for Guardianship may be an appropriate course of action. Guardianship is a process by which someone can ask the Court to grant them the authority to act on behalf of someone else who isn’t able to care for themself. The Court will typically appoint a Guardian Ad Litem - essentially, a neutral third party - to participate in the proceedings and assist in determining whether someone needs a guardian, to what extent they need a guardian, and who it would be appropriate for the Court to appoint as the person’s guardian - if they do in fact need one.

In determining how to proceed, the Court may appoint someone to serve as a guardian in a broad capacity or in a more limited capacity. In addition to acquiring authority, a guardian also gets certain responsibilities, such as providing a Bond to the Court or providing regular documentation to account for what they have done as guardian.

If you would like to discuss your options regarding how you may approach providing care for a loved one, you are welcome to contact our office to schedule a consultation. If you are in the Durham area and would like to speak to someone else, we recommend Robert Pochapsky. You may also refer to our webpage with Local Lawyers.