Legal Question in Elder Law in Tennessee

Enduring Power of Attorney

I am my aunt's closest blood relative with both medical and financial enduring power of attorney. She is in her 80's and following several strokes, is in full dementia with 24 hour per day in home care. Am I allowed to continue her practice of giving monetary gifts to the family and friends, including myself? Specifically, she had expressed a desire to provide some college tuition aid to the son of a widowed family friend.

With the exception of small amounts of cash designated to several people in her will, I am her sole beneficiary.


Asked on 10/29/02, 8:13 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Enduring Power of Attorney

The answer will depend on Tennessee law, but in California, case law and statute specifically require that the power of attorney allow gifts, and in the case of gifts to the agent, this also must be specifically allowed and stated in the power of attorney.

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Answered on 10/30/02, 1:24 pm
Terry A. Nelson Nelson & Lawless

Re: Enduring Power of Attorney

You may have the power, but that would be risky, if not dumb. You risk being accused by all her relatives of mismanagement, etc. You could be sued. You probably should now file for a 'conservatorship' over her, and obtain an order from the court to do these things. However, that involves lawyers and costs. The choice is yours. Also, I suspect the court would not allow you to do what you propose, as it 'wastes' her assets.

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Answered on 10/30/02, 3:18 pm


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