Legal Question in Wills and Trusts in North Carolina

If a child has their parents power of attorney because the parent is in jail, does the child have a say in decisions that are to be made about a grandparent who is in declining health? The parent who is in jail can be contacted if need be.


Asked on 11/28/12, 11:15 am

1 Answer from Attorneys

NO. The power of attorney (assuming its a financial power) only allows the child to act for his/her parents. The child would have to have a healthcare power and a financial power for the grandparent if the child wanted to also act for the grandparent and handle the grandparent's affairs. Is the grandparent mentally competent? Does the grandparent need a healthcare power, financial power or both? Is the grandparent in NC? If so, I can prepare these documents for the grandparent for a reasonable fee. It would not be necessary to travel to my office but I would need to speak to the grandparent. Your grandparent can contact me at [email protected] or via phone if interested. Your grandparent might also feel more comfortable with local counsel and that is fine too.

If the grandparent is not mentally competent, then you or another family member who is not in jail would have to apply to the court to be the guardian of the grandparent's person or property. I would suggest that you speak to an elder law attorney about this if that is the case.

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Answered on 11/28/12, 10:13 pm


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