Does a Power of Attorney give the holder the authority to place the person covered by the POA in a nursing home?

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Does a Power of Attorney give the holder the authority to place the person covered by the POA in a nursing home?

Or is a conservatorship required to be able to do so? Person in question suffers from Alzheimer’s.

Asked on April 28, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Generally a Power of Attorney is not enough to do what you wish.  It would be best to go the route of having a convservator - some states call the guardianship - appointed on behalf of the party that you claim is incompetent.  By doing so then you would have the power to make decsions that not only relate to her person but her estate (her holdings) as well.  Pleae make sure that you get some legal help and advice on all of this.  It can be a daunting task.  You need medical documentation to support you as well. You take on great responsibilities in this role so you need to think about protecting yourself as well. Good luck.  


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