Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

It is generally not possible to obtain power of attorney against someone’s will. Power of attorney is a legal document that voluntarily grants authority to another person to make decisions on one’s behalf. By definition, it requires the willing consent of the person granting the power of attorney. Attempting to force power of attorney against someone’s wishes would likely be considered illegal and unethical.

If there are concerns about an individual’s capacity to make decisions for themselves, the proper legal avenue is typically to petition the court for guardianship or conservatorship. This process involves demonstrating to a judge that the person lacks mental capacity to manage their own affairs. Key terms related to this include “incapacity,” “guardianship,” and “conservatorship.” Unlike power of attorney, guardianship can be established without the consent of the incapacitated person.

To pursue guardianship, interested parties would need to file a petition with the appropriate court, usually in the probate division. Medical evidence of incapacity from a physician is typically required. The court will then evaluate the situation and may appoint a guardian to make personal and financial decisions if deemed necessary. This process provides important legal protections and oversight to prevent abuse.

It’s important to note that guardianship proceedings can be complex and contentious. Anyone considering this option should consult with an experienced elder law or guardianship attorney to understand the legal requirements and implications in their specific jurisdiction. Attempting to improperly obtain decision-making authority over another person could potentially result in civil or criminal penalties.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.