Is it possible to appoint someone as power of attorney without them being consulted? - AgingCare.com

Is it possible to appoint someone as power of attorney without them being consulted?

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I live in NJ. I just looked at my POA and I didn't sign. It was witnessed by the lawyers secretary. My daughter is second on the medical and no signature. So, I guess the answer is yes, you can assign someone as ur POA without them knowing which doesn't seem right. I was present, though, when the paperwork was written. I think your uncle can give permission to allow staff to talk to you. The only other thing you could do was go for guardianship which is expensive.
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I honestly hope the motives are love. I just don't understand why I wasn't consulted. I honestly don't know who guided her. She had an attorney for the documentation. She is in and out, she has good days when she's somewhat cognitive, then bad days when she is confused. She's been deemed at least temporarily incompetent so I don't think she can change it now. Thank you so much for everyone's help!
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What do you think your uncle's motives might be?

How is your mother's cognitive function right now? She could change the POA IF she can demonstrate to the lawyer that she understands what that means. She doesn't have to remember it five minutes later ... she just has to understand it. Might that be possible?

Uncle says he didn't know this was happening until it was done ... who helped your mother with the docments? Who "guided" her in the decision.
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My mother gave consent, she just doesn't fully understand what she gave consent to. She was definitely "guided" in the decision. She does have memory issues, and she did create a new power of attorney, which is why it is so disturbing to me. He doesn't restrict visitors, but he is the only one who has any control over her medical care and finances. He told me he didn't know she did it until after it was done, but the whole thing seems wrong to me and she has told me different; however she does have memory issues so it's hard for me to know. I like to think that he has her best interests, but the situation is so strange, that this was all done without my knowledge, that it makes me very uneasy. She may have to stay with a family member in order to stay out of a home, and I'm worried they'll choose their home, which is much busier and they aren't home alot, whereas my home is quiet and peaceful and I work from home. It all feels like the twilight zone, I never for a second doubted that I'd be the one caring for my mother as she got older.
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My state does not require the signature of the agent. So here it is possible to assign POA to someone without their knowledge. Bad idea, but legal.

I'm sorry to say this, but I think you might need to consult an attorney. Your uncle should not be restricting visitors without a sound medical reason.
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Melanie457, the answer is no, because when a new Power of Attorney is created, not only the person creating the POA needs to sign said legal document, so does the person who will be the Power of Attorney saying that they will be the "agent". Anyway that is how it is done in my State. Plus here we need two witnesses plus a Notary.

Or are you saying that someone else wants to be your Mother's Power of Attorney without talking to your Mother?  If yes, that is not possible... only your Mother can decided who she wants to be POA.  If she has memory issues, chances would be slim that she could create a new POA.
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My mother is very confused. Without my knowledge, my uncle was appointed her power of attorney for her health and financial decisions. She continued to decline and now is in a temporary home, and the doctors can't even talk to me. I've cared for her in the past and know she wouldn't knowingly do this. I am an only child and we've always had a wonderful relationship, I've never said an unkind word to her. I am worried about their motives and want to be able to make decisions re: my mother's care.
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Yes, anyone can be appointed, but they don't have to accept. My mother appointed my brother as POA. I thought he knew it, but a while back he said she had never talked to him about it and he didn't want to do it. Maybe he would change his mind if needed, but for now she doesn't really have a financial POA.
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Why do you ask? Has someone appointed you without consulting you first?
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Yes, but they can decline to accept.
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