If I'm trying to attain power of attorney over someone, do they need to be there?

1 answer | Last updated: Sep 21, 2016
A fellow caregiver asked...

If you're trying to become someones power of attorney does that person need to be there?

Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

First, bear in mind that a person must make and finalize any power of attorney that would name an agent to act for him or her; it is not up to the agent.

To make a power of attorney, a person would need to be of sound mind and to complete the required paperworkâ€"?and usually sign, date and have the document witnessed before it would become final. A person can do this without the agent being present, although it is a good idea to give the agent a copy of the power of attorney document.

If a person lacks the mental capacity to make and finalize a power of attorney naming another person to act for him or her, then the only available option may be to look into becoming a legal guardian or conservator for that person.