Dallas, GA asked in Health Care Law for Georgia

Q: Can a Power of Attorney make police reports on someones behalf?

My sister is currently in the hospital due to getting very sick and is not getting discharged until March 2024, she's unable to speak due to having a tracheostomy tube. Our father is currently her Power of Attorney due to him having to do things on her behalf. The problem is the step mother of my sister's kids entered my sister's apartment without her permission. She took some things including an iPad which we know she took because we saw the iPads location using the "Find my" app on my sisters iPhone which showed the iPad being at the step mothers house. So would our dad be able to file a police report on my sisters behalf since he is her power of attorney agent?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA

A: Under California law, a Power of Attorney (POA) grants an individual the authority to act on behalf of another person in financial and legal matters. However, the ability to file a police report on behalf of another individual is generally not included in the typical powers granted by a standard POA. Filing a police report usually requires firsthand knowledge of the incident, which the POA agent may not have.

In your sister's case, while your father, as her POA, can manage many of her affairs, reporting a crime like theft to the police typically requires either the victim or a direct witness to the crime to make the report. However, your father can certainly assist in the process by accompanying a witness or providing any necessary information to law enforcement. It's advisable to inform the police of your sister's condition and her inability to communicate or file the report herself. They can guide you on the best course of action under these circumstances.

In summary, while your father can assist and facilitate the process, he may not be able to file the report himself unless he has direct knowledge of the theft. It would be beneficial to discuss this matter with law enforcement to understand how they can accommodate your sister's unique situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.