Q: Can my friend’s sister give me power of attorney of her brother who cannot speak for himself?
He is currently in the hospital with some brain damage. His sister has asked me to make important phone calls for her but of course because I’m not legally family I can’t get the information we needs unless she is the one who calls. He is going to need a lot of help and care and I’m not sure if she will be able to handle it on her own. Their parents are dead so they are the only blood family they have. I’ve known him for almost 10 years and he is like my family. I want to help.
A:
No, only the brother can give you a power of attorney to act on his behalf and he can only do that if he is mentally competent. "Some" brain damage does not necessarily mean that he is incompetent, but it does raise a warning flag to make sure he is mentally competent before acting on his behalf. If he is not mentally competent, you will need to petition the court for guardianship over his person.
Now your friend's sister can give you a power of attorney to act on her behalf. But that does not guarantee that the hospital will give you information about her brother.
Tim Akpinar agrees with this answer
A: As my colleague correctly states, the brother himself can, if competent. Otherwise, the guardianship route could be required. POA route is less costly and simpler, if possible. Good luck
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