Can you get an emergency power of attorney on a mother when there is no emergency present? 10 Answers as of May 05, 2014

You are neither caring for or aware of her daily care and you do not live in the same state.

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
A person may make a power of attorney so long as they have the requisite capacity. Your questions may be misstated, and it may be a guardianship or conservatorship. Have an attorney in the state where your mother lives review the file or power of attorney and advise you on what action you may be able to take. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 5/5/2014
Frederick & Frederick PLC | James P Frederick
I am not quite sure what an "emergency power of attorney" is. If you mean can you get a form signed that will take care of the person in the event there is a later emergency, then the answer is absolutely yes. The agent listed in the form does not need to live in the same state as the principal, nor to be caring for or even aware of daily care. The situation you describe does not sound like an ideal arrangement, but there is nothing that would prevent someone from naming someone under those circumstances.
Answer Applies to: Michigan
Replied: 5/1/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
I never heard of an emergency power of attorney. If your mother has capacity she can sign a power of attorney (either temporary or durable); if she does not have capacity a court can appoint a conservator.
Answer Applies to: California
Replied: 5/1/2014
Danville Law Group | Scott Jordan
In California, yes, you can petition the court for temporary conservatorship.
Answer Applies to: California
Replied: 5/1/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You can file for a petition for conservatorship which will give you authority to manage your mother.
Answer Applies to: California
Replied: 5/1/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    There's no "emergency power of attorney." Power of attorney is granted by the principal, and is effective when the document says its effective.
    Answer Applies to: Oregon
    Replied: 5/1/2014
    James Law Group
    James Law Group | Christine James
    Odd question. If there is no emergency, there can be no emergency POA unless it is fraudulently obtained.
    Answer Applies to: California
    Replied: 5/1/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    There is no such thing as an emergency POA. If the mother has the presence of mind to sign the POA, sure you can get the POA.
    Answer Applies to: Florida
    Replied: 5/1/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Powers of attorney can only be granted by the individual, in this case the mother, and can be executed at any time of her choosing. However, any interested party can petition the probate court in the county in which the woman lives to establish a temporary, emergency guardianship and/or conservatorship if her competency is in question or she has done something to harm herself or others. A hearing will be scheduled as soon as possible to see if the need truly exists for the guardianship/conservatorship and if the temporary guardian/conservator is the best person for the job.
    Answer Applies to: Nebraska
    Replied: 5/1/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The mother must grant the Power of Attorney to her appointed agent. The mother can make that appointment at any time and to anyone of her choosing. The mother must sign the Power of appointment to grant the authority and can do so provided the mother has the legal capacity to act.
    Answer Applies to: Illinois
    Replied: 5/1/2014
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