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I have a soon to be 18 yo child with multiple mental health issues. I would like to be able to advocate for him in the future if he wants or needs me to. Or if he is not in a mental state to be able to advocate for himself. Does anyone know the law regarding this? Would I have to get a POA drawn up by a lawyer to have my advocacy recognized by doctors, hospitals should he need inpatient treatment, etc? Or could I draw something up myself and have him sign it- if he is willing- and have someone witness it?
PA resident if that makes any difference
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My son's was drawn up by an attorney, notarized, and we still have instances where it isn't honored! I would have an attorney do it as each state is slightly different, there are durable and non-durable, and the POA can include financial, educational, and medical stipulations.
Good luck!
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My son's was drawn up by an attorney, notarized, and we still have instances where it isn't honored! I would have an attorney do it as each state is slightly different, there are durable and non-durable, and the POA can include financial, educational, and medical stipulations.
Good luck!
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Hunterdon
My son's was drawn up by an attorney, notarized, and we still have instances where it isn't honored! I would have an attorney do it as each state is slightly different, there are durable and non-durable, and the POA can include financial, educational, and medical stipulations.
Good luck!
Did your son have to agree to/sign it? Could you also explain what you mean by financial medical and educational stipulations? PM me if you like. Thanks!
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tygerlilyzz
Did your son have to agree to/sign it? Could you also explain what you mean by financial medical and educational stipulations? PM me if you like. Thanks!
Yes, he did have to agree to sign it. A Power of Attorney isn't legal guardianship. If he and I disagree his wishes will always, and should always, be followed. The POA allows me to do things like get his records, speak with his doctors, and things like that. If he becomes incapacitated, it will allow me to follow his wishes to get things done.
Financial POA allows me to make financial decisions, move money from an account, pay bills, and so on, if he wants me to do so.
Educational POA allows me to speak with teachers, attend IEP meetings, be involved in placement decisions, if he wants me to be involved.
Medical POA allows me to speak with his doctors, be involved in treatment decisions, placement decisions, medication decisions, pick up his prescriptions, and so on, if he wants me to do so.
There are durable and non-durable POAs and each has pros and cons. If you want any specific questions answered please PM me. It's an interesting document but it is NOT guardianship. That has to be done through a court and can be done with, or without, someone's consent.
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