• jumperalex@lemmy.world
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    1 year ago

    Legally you can’t even create the PoA if the person isn’t deemed competent because they can’t sign it. So then you have to go to a judge for them to appoint someone.

    So by the letter of the (IANAL but I’m working this issue with family right now) law, the fact that a PoA might have just been created means she has to be considered competent enough to sign on.

    But yeah the line between “I’d trust them with my life” and “no one in their right mind would allow them to sign” is broad.

    • KIM_JONG_JUICEBOX@lemmy.ml
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      1 year ago

      Also not a lawyer but also going through family stuff right now.

      There can be two different types of PoA that I know of. One is a financial PoA, another is a medical PoA. Then there is sometimes something called a “springing” clause, which defines when the PoA goes into effect. For example if the attending physician determines the person is no longer competent to manage their own financial or medical decisions. I would guess Feinstein qualifies for both of those.

      And of course you would have hopefully created that PoA while you were still healthy, but it remains inactive until the condition of the springing clause is met.