i have power attorney of my girlfriend how do i get her help for drug addiction

by Ms. Delilah Rodriguez II 6 min read

How do I get power of attorney for a mentally incompetent person?

If the person has a mental illness that makes her mentally incompetent in phases, work with her doctor to find a time when she is competent. At that point, discuss a power of attorney with her to see if she is interested. If so, be sure that the language of the document reflects her intent and that she signs it as state law requires.

Can My Sister give me a power of attorney?

A Power of Attorney is merely a contract that allows you to act on behalf of your sister. Depending on the nature of her disability, she may not have the legal capacity to give you a power of attorney. Even assuming she does give you a power of attorney, this does not give her the...

How to deal with a power of attorney abuse situation?

Social workers, clinicians, physicians, counselors all have special duties to report suspected abuse of the vulnerable and can help spot and deal with a power of attorney abuse situation. If you suspect abuse by a family member acting under the shield of a power of attorney, immediately contact your own attorney to address legal options.

How do I get a power of attorney for my spouse?

There are specific procedures to establish a power of attorney to allow you to act on behalf of your spouse. Determine the particular needs of your spouse. Ascertain whether she is in need of assistance with health-related decision making or financial matters.

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What are three ways you can help someone who is addicted to drugs?

7 Tips for Helping Someone with an AddictionTip #1: Educate Yourself. Get information about addictions. ... Tip #2: Get Support. ... Tip #3: Get Counseling. ... Tip #4: Seek Specialty Help. ... Tip #5: Don't Enable. ... Tip #6: Have Realistic Expectations. ... Tip #7: Take Care of Yourself.

When dealing with someone who has an addiction you should?

Addiction is ultimately a condition that the individual must learn to manage; no one can take the fight on for the addict. Set boundaries and stand by them. Encourage the individual to seek help; this may include finding treatment resources for them.

What qualifies for addiction?

Addiction is an inability to stop using a substance or engaging in a behavior even though it is causing psychological and physical harm. The term addiction does not only refer to dependence on substances such as heroin or cocaine.

Can someone make me go to rehab?

So, for the most part, while your family may come up with a compelling argument for you to go to rehab (and perhaps withhold money, room, or board in exchange for such a deal), they can't legally compel you enter a rehab or treatment facility.

How does drug use impact relationships?

As drinking or drug use gets worse, it starts to take more and more time away from the couple, taking its toll by creating an emotional distance between the partners that is difficult to overcome. These couples also report that they fight and argue a great deal, which sometimes can become violent.

What happens when someone is addicted?

People with addiction lose control over their actions. They crave and seek out drugs, alcohol, or other substances no matter what the cost—even at the risk of damaging friendships, hurting family, or losing jobs.

What are the 4 levels of addiction?

While there are many factors that contribute to drug and alcohol addiction, including genetic and environmental influences, socioeconomic status, and preexisting mental health conditions, most professionals within the field of addiction agree that there are four main stages of addiction: experimentation, regular use, ...

What are the three most common forms of substance abuse?

Substances frequently abused include:Alcohol.Marijuana.Prescription medicines, such as pain pills, stimulants, or anxiety pills.Methamphetamine.Cocaine.Opiates.Hallucinogens.Inhalants.

What does God say about addiction?

“No temptation has overtaken you that is not common to man. Godis faithful, and he will not let you be tempted beyond your ability, but with the temptation he will also provide the way of escape, that you may be able to endure it.”

Can a rehab facility force you to stay?

If you're an adult, nobody can keep you in rehab against your will, even if treatment is court-mandated. You can leave anytime you want, but before you walk out that door, ask yourself why you want to stop treatment. Consider the potential consequences and how leaving early may impact your life.

What does a drug interventionist do?

An interventionist's primary role is to help build the bridge to the family's recovery while helping them understand the substance user's behaviors and their reaction to those behaviors. A professional interventionist company should be composed of more than a single interventionist.

Can my parents send me to rehab?

If you're under 18, your parents can legally bring you to treatment, whether it's a teen substance abuse treatment center, mental health treatment center, dual diagnosis treatment center, or detox facility. Even if you refuse to get into the car, they're allowed to physically carry you to treatment.

Why did the son of a power of attorney give his mother the power to make gifts?

In acting for his mother, the son desired to make gifts of her property to himself and his brothers and sisters in order to reduce the estate taxes on his mother’s death . Unfortunately, however, although the power of attorney gave the son general powers to act for his mother, the power of attorney did not specifically confer the power to make gifts.

How long does a power of attorney last?

The powers given to the attorney-in-fact can be as broad or specific as you wish and can last until death or some earlier point in time. There are no restrictions on who you can name as ...

Can a spouse be a guardian of a disabled spouse?

Since it will be necessary to have both spouses join in the sale of any jointly-owned real estate and since only the husband can deal with his individually owned assets, it may be necessary to have the court appoint a guardian to represent the disabled spouse.

Is a power of attorney a precautionary measure?

In the estate planning context, the power of attorney is often executed as a precautionary measure, long before the onset of a disability. Accordingly, when the document is prepared, the powers given to the attorney-in-fact should be broad enough to cover just about anything that can be expected. One area that seems to create a number ...

What happens if you don't give your spouse a power of attorney?

If you don't expressly grant your partner a durable power of attorney for finances, he or she will have no legal say in your financial matters. It is also worth noting that there are two basic forms of a durable power of attorney for finances, usually referred to as either "springing" or "immediate" powers of attorney.

What are the powers of attorney?

Finally, here are some of the rights and responsibilities that whomever you grant a durable power of attorney for finances will have to make: 1 Paying your bills 2 Paying your taxes 3 Conducting your bank transactions 4 Managing and investing your money 5 Purchasing insurance for you 6 Buying, selling and managing any of your property 7 Operating your business 8 Collecting your government benefits and inheritance

What is a durable power of attorney?

The durable power of attorney for healthcare is given to the person you want to make medical decisions for you in an emergency. Even though you set out your wishes in your healthcare declaration, such documents can never cover every circumstance, and the person who has a durable power of attorney for healthcare is the person who makes decisions not covered by your healthcare directive. Keep in mind that the person with a durable power of attorney for healthcare can never contradict the terms of your healthcare declaration.

Can a person with a power of attorney contradict a declaration?

Keep in mind that the person with a durable power of attorney for healthcare can never contradict the terms of your healthcare declaration. Depending on your state, the person that you grant a durable power of attorney for healthcare will typically be called your "agent," "proxy," or "attorney-in-fact". The typical rights for this person include: ...

Can a lack of marital rights affect your health?

For unmarried couples, the lack of certain marital rights could significantly impact your health care and finances, especially if your partner becomes seriously ill or incapacitated. Hopefully that will never happen, but it's always better to be prepared. Take your first steps today by speaking with an experienced family law attorney near you.

Can you use a durable power of attorney before incapacitating?

A springing durable power of attorney for finances would only become effective at the point that you become incapacitated, but not before. A springing durable power of attorney for finances makes sense in many situations, but for unmarried couples it may not. If you make the durable power of attorney for finances immediate, ...

How to notify Veterans Administration of death of spouse?

Managing the affairs of an ill spouse is an emotionally and sometimes legally challenging experience. Depending on your particular circumstances, and the state of your spouse's health, you may want to consider the benefits of a power of attorney for your spouse.

What does "durable" mean in a power of attorney?

Durable means that it remains in effect if your spouse becomes incapacitated. A non-durable financial power of attorney actually terminates if your spouse becomes incapacitated. You can obtain an appropriate durable financial power of attorney from a bank or other financial institution.

Do spouses have power of attorney?

More often than not, their assets are jointly owned and one or both of the spouses can make decisions regarding their property. However, if your spouse own s property exclusively in her name, a financial power of attorney is necessary if your spouse desires you to assist in dealing with financial matters. Obtain a standard form financial power of ...

What is a mental health power of attorney?

Mental Illness Power of Attorney. A power of attorney, or POA, is a legal document that a competent adult can use to appoint an agent to act on her behalf. The person making the document, called the principal, chooses the person who will be the agent – also called attorney-in-fact. The principal also determines the scope of the authority granted.

When does a power of attorney end?

Generally, a power of attorney terminates when either party dies or becomes mentally incompetent. But a durable power of attorney contains specific language that allows the authority to continue after the principal becomes mentally incompetent. Some people consider durable powers of attorney for finances and health care essential documents ...

Can a person with mental illness write a power of attorney?

Most persons suffering from a mental illness are still competent to write a power of attorney. If you question their ability, work with the person's doctor to determine whether and when she is mentally competent. You'll need to explain the document to her and arrange for her to sign it while she is competent.

Can a person with bipolar disorder have a power of attorney?

Many people struggle with depression, bipolar disorder and other mental issues, yet they are successful in keeping the disease in check with medication, and most are not legally incompetent. If the person behaves rationally and seems capable of making everyday decisions, she is probably competent to create a power of attorney.

Is a power of attorney considered mentally incompetent?

Power of Attorney and Mental Illness. Not every person with a mental illness is mentally incompetent. This is a stereotype that is simply untrue. Mental disorders and illnesses are very common and, while sometimes limiting the person's scope or happiness, they usually do not limit their mental competency. Depression is a good example.

What to do if someone is arrested and charged?

If the person is arrested and formally charged, you could conceivably attend the person’s formal arraignment hearing and make a case to the judge as to why you think the individual should not be allowed to return your home. Again, the best approach is to consult with an attorney before taking any formal legal action.

What to do if someone is in your home?

If someone living in your home is involved in criminal behavior that you consider to be either dangerous or threatening to you, or the person is making physical threats, the best course of action is to contact local law enforcement authorities, explain the situation to them, and let them handle it. If the person is arrested and formally charged, you could conceivably attend the person’s formal arraignment hearing and make a case to the judge as to why you think the individual should not be allowed to return your home. Again, the best approach is to consult with an attorney before taking any formal legal action.

How to evict someone from your house?

The legal process of evicting someone from a residence is not simple. The accepted formal procedure for evicting someone from their residence is to consult with an attorney and file a legal motion with a court. The court will then hear the reasons as to why an individual believes that a person who lives with them or rents from them should be ...

Is it easy to watch someone battle a substance use disorder?

It’s not easy watching a loved one battle a substance use disorder. It’s even harder to draw the line between enabling their use and loving them. Specifically, forcing an adult with an active addiction out of your home can be uncomfortable for everyone.

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