Legal Question in Elder Law in Alabama

Re: care of sister-in-law

Ron's answer is absolutely right but let me add this: If you are asking whether being named as attorney in fact under a Power of Attorney for your brother would make you responsible for your sister-in-law, my answer is "no". You would only be responsible for your brother. I suggest calling a lawyer for an hour's time to clarify your rights and options. It won't cost much but will give you a lot of valuable advice. As a lawyer I see more problems caused by people thinking they know the law when they don't, than anything else.

William G Nolan

www.NolanElderLaw.com

Re: care of sister-in-law

A power of attorney can be limited in scope or more general. A durable power of attorney is effective even when someone is incapitated. The power of attorney is very powerful and the attorney -in- fact is appointed, meaning your sister-in-law would have to appoint you as her attorney- in-fact. You would be accepting the responsibility for making financial and maybe health decisions for her depending on the scope of the power of attorney. If she became incapacitated to a point beyond the POA powers you or someone else would need to petition the court to be guardian (directs the physical care of a person) and/or conservator (directs person's financial care). You will not be personally responsible in a financial sense for her care unless you allow it. Depending on the circumstances it can incur alot of work and responsibility for someone's care and as you have indicated, there should be concern if you consider this role. For infirmities of old age, a power of attorney is the best tool. Only if your sister-in-law becomes mentally incapacitated does one consider a guardianship/ conservatorship.