Sister wants POA for my mother who is competent and I object. Does she need permission to become her POA?

1 answer | Last updated: Sep 16, 2016
Marshacous asked...

my younger sister has told my other sister and myself that she intends to get poa for my mom. my mom still lives in a apartment and drives and is capable of caring for herself. does she need specific grounds for poa and does she need our permission? mom claims she knows nothing of this.

Expert Answers

Does you sister need permission from your mother to obtain a POA for her? Definitely yes. A POA is a voluntarily-given document, made while the person making it, called the principal, is mentally competent. No one is ever legally required or obligated to prepare a POA.

You state that your mother is capable of caring for herself. It seems clear she is mentally competent. Your mother has the absolute right to decide if she wants to prepare a POA at all, and if she does, who she wants to give that authority to. You sister has no right or authority to coerce or compel your mother to make a POA.