Detroit, MI asked in Estate Planning, Family Law and Elder Law for Michigan

Q: Can a sibling sign herself up for POA over a parent who has dementia without informing her other siblings?

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning documents. Further you don't EVER get PoA "over" someone. You get it FOR them. That is not just a semantic difference. If you have PoA that means you have a "Fiduciary duty" to act only in that person's best interests. You don't get 'control' and you can't 'sign up for' that authority.

Get with a local attorney ASAP to insure things aren't being messed up irreparably at this point!

Brent T. Geers agrees with this answer

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