Do I lose all legal control?

Zoomer | January 1st, 2006

Question: Have I given up all control if I grant a power of attorney for personal care? – D.F.

Answer:

You have considerable latitude within your power of attorney for personal care to set the conditions that must be present for them to take effect. For example, you can specify that two family members, or perhaps two doctors, must agree that you are incapable before the donee can act for you. You can establish limits to the donee’s authority. For instance, you may authorize someone to make decisions for you about your housing or medical treatment, but not to decide what you should eat and how you will dress.

You have the right to request a capacity review hearing, and have a lawyer present to represent you, if you are found to be incapable. The donee must explain this right to you. Furthermore, they may not attempt to prevent you from asking for such a review hearing nor retaining a lawyer. Likewise, if you believe that the donee is making decisions for you while you are still capable of doing so, again, you can ask for a review hearing. – G.P.N.