how do i get power of attorney for my daughter

Are parents responsible for a disabled adult child?

On top of physical disabilities, drug addiction can also leave adults incapacitated and unable to make necessary health and financial decisions. In California, all parents are obligated to support their adult children if they are not able to support themselves.

How do I get power of attorney in South Africa?

In order for the power of attorney to be valid, the principal must have the necessary contractual capacity. In South Africa the law of agency is based upon the principle that an agent cannot do that which his principal has no capacity to do himself.

Who is entitled to power of attorney?

The person appointed to act on behalf of the donor is called an attorney. Anyone can be an attorney, as long as: they are capable of making decisions, and. they are 18 or over.

Who can witness a power of attorney in South Africa?

Although not specified in South African law, it is common practice to have the PoA witnessed by two witnesses who are 14 years and older and who are competent and capable of giving evidence in court. Otherwise, it can be witnessed by a commissioner of oaths, a notary, or a magistrate.Oct 26, 2021

Why don't you get a power of attorney for an adult child?

You don’t get a power of attorney over your adult child so that you can continue to make their medical and financial decisions as you did when they were younger. Now that they are an adult, they need to learn to be responsible for their own care and finances.

What happens to a child who has a stroke?

She suffers a stroke that has left her incapacitated and unable to communicate. As a loving parent, your first impulse is to contact your child’s medical providers for information on their condition so you can help them. But as a legal adult, your child has rights, including the right to privacy about their medical information.

What is a medical power of attorney?

The medical power of attorney grants you the legal authority to make those decisions. Ideally, you and your child would also have discussed preferences around end-of-life care, should that become relevant. (If it seems uncomfortable or ghoulish to bring this up with your young, vibrant child, make it a two-way conversation.

What is the first 18 years of a child's life?

For the first eighteen years of our children’s lives, you have the authority to make all major decisions for them, including financial and medical ones. So accustomed are you to this state of affairs, that it may not occur to you that when they wake up on their eighteenth birthday, the legal landscape has shifted.

What happened to my 18 year old daughter?

Your 18 year old daughter goes on a spring break trip to Florida with college friends. While there, she is involved in a car accident and is taken to the hospital unconscious. Your unmarried son, in his 20s, suffers a severe head injury at his construction job, rendered unconscious, and is rushed to the hospital.

Can a financial power of attorney be a springing power of attorney?

Like a medical power of attorney, a financial power of attorney can be “springing,” meaning it doesn’t take effect unless and until it is needed. If you don’t have powers of attorney for an adult child, you may need to go to court and get a guardianship.

Can a doctor release information to a child without consent?

It doesn’t matter how much you love them or how obviously distraught you are; your child’s doctors cannot release that information to you without your child’s consent, and your child is now in a position where they cannot grant that consent.

What is the difference between a durable POA and a general POA?

Essentially, the difference between a "general power of attorney" and a "durable power of attorney" is that a general POA terminates when the principal is deemed to lack capacity, whereas a durable POA stays valid beyond that point.

What is POA agreement?

Depending on the particular agreement, a power of attorney covers a broad or narrow set of responsibilities, usually related to financial and/or medical and caregiving matters.

What happens to a POA when a parent is incapacitated?

So your parent may use it to grant you a comprehensive set of powers to help out while he or she is away from home for extended periods of time or needs your assistance due to other reasons, such as physical illness or disability.

What is the duty of a power of attorney agent?

The duty of a power of attorney agent is to always act in the best interests of the principal.

What is POA in law?

A POA document is generally a written agreement between two people: (1) the principal (sometimes called the grantor) and (2) the agent (sometimes called the attorney-in-fact). The agent is the person appointed to act on behalf of the principal. So your parent (the principal) can grant you (the agent) certain powers of attorney.

When does a springing POA take effect?

Unlike most other types of POA documents, a springing POA agreement doesn't take effect until a specified date or a particular event takes place. For example, your parent may not want you to have any authority until he or she becomes incapacitated or turns a certain age.

What is a POA?

Also known as special power of attorney, this type of POA grants an agent the authority to handle a very specific situation on the principal's behalf. For example, your parent may grant you limited POA to represent him or her in the sale of a particular property or to manage his or her transition to a nursing home or assisted living facility. Your authority as the agent ends as soon as you've successfully completed the defined activity or reached the agreement's specified expiration date. And your powers do not extend to anything other than what is specified in the document.

Step 1

Do some research in your specific area about lawyers and their experience with disabilities law. Don't hesitate to call their office and ask their experience in dealing with special needs children. If you feel a specific lawyer is qualified and you hire them, ask what paperwork you need to bring for your appointment.

Step 2

Start locating paperwork for the appointment. The general rule of thumb is to provide the birth certificates for the caregiver or parents and the disabled child. This helps confirm that you are legitimate and eligible to file for power of attorney.

Step 3

Gather and review medical records. This is crucial to help the child receive the benefits they will be entitled to for the remainder of their life. Contact your child's doctor and child psychiatrist and request a letter of diagnosis. This will help establish a basis for the request for power of attorney.

Step 4

Make a detailed list of all medication the child is currently on. Ask you pharmacy for a print out of the child's current medications. This will be crucial to back up the diagnosis.

Step 5

Discuss what is happening with your family to prevent any confusion. The lawyer may want to meet the child with disabilities. Before going to the office, attempt to explain to them where you are going. Make your explanation simple and assure them that the lawyer is a friend.

Step 6

Allow your lawyer to fill out the necessary paperwork and file you request for power of attorney with a local court. This can happen the same day or take several weeks depending on the court's case load.