How to Retain the Power of Attorney Over an Adult Child
By Noreen Wainwright
People need to retain the power of attorney over an adult child for one of several reasons. The power of attorney may be general or specific, just relating to one aspect of the adult child's life. This is quite an responsible role for the parent. Courts will not grant it lightly, especially if the adult child himself does not ask for it. The person who is the subject of the power of attorney is known as the principal. The person with the power of attorney is known as the agent or conservator. The usual reasons for this procedure are incapacity of the principal because of mental illness or learning disability.
Retaining Power of Attorney
Research the details of the role of agent and what power of attorney means. Be sure in your own mind that this is the best answer for the situation. The court will assume that an adult can look after his own affairs unless it is proved otherwise. Explore other options, discussing the issue with others who are closely involved.
Consult an appropriately qualified and experienced attorney. Provide the necessary medical evidence as required by the court. Complete the appropriate paperwork as requested by your attorney. Pay the court fee which is usually required. In some cases it may be waived by the judge. Decide on the type of power of attorney that is most appropriate.
Carry out the duties demanded by the role of agent. Pay an annual bond fee to the court, if this is required. Record all transactions you carry out that involve the principal's money. Provide these records if requested. If the power of attorney involves making health decisions, make sure you execute these duties in the best interests of the principal.
- Ask the advice of family on friends when choosing and appointing an appropriately qualified and experienced lawyer.
- This is a challenging role. Consider applying for power of attorney together with another person who is close to the principal (the other parent or a sibling may be appropriate).
Noreen Wainwright has been writing since 1997. Her work has appeared in "The Daily Telegraph," "The Guardian," "The Countryman" and "The Lady." She has a Bachelor of Arts in social sciences from Liverpool Polytechnic and a postgraduate law degree from Staffordshire University.