I want to make my best friend my power of attorney so that my family cannot make decisions for me if I'm unable to. In the last months before my grand mother passed away, they spent over $20,000 of her money on vacations and gambling.

I know that if I'm ever incompetent (for any reason) they are going to try. Is there a loophole in the arrangement where they could fight my friend for it? I also saw that the last hospital I was in does not use power of attorneys.

If anyone has one, please explain to me how it works for you?

[gayleggg]

I have one that I had an attorney draw up giving my daughter power of attorney. It hasn't been filed with the court but all my daughter has to do is take it to the district court and file it if I become incompetent. As far as I know, once it is filed it can't be undone. Since I am competent at this point he said there was no reason to file. I also made her executor of my estate. My husband is not real happy about it but since she inherits everything I have (which was mostly inherited from my parents), I thought she needed to be in charge.

I think probably every state is different, so you might want to consult an attorney if it's really important to you.

[marmaduke]

You can make your friend power of attorney. You need a solicitor's help everything must be filed correctly.
Any mistakes could invalidate the legal papers, and that might allow your family to take control.
It will cost a little, but its worth it for your peace of mind.
I also saw that the last hospital I was in does not use power of attorneys.
I don't understand that. Power of attorney is a legally binding contract regardless of whether you are in hospital or not.

The paper I signed said that if you have a power of attorney it will not be executed during your stay.

I think maybe because in psychiatric hospitals the doctor decides everything but I'm not sure.

[Slamjammer]

I am the "Agent" for my step-mother. In other words, she has given me her Power of Attorney. This document was prepared by an attorney and conforms to our state law. It specifically includes "banking powers", which evidently must be specifically added to be valid, at least in Florida. There is also a separate MEDICAL Power of Attorney, which is required to give me access to medical records, make medical decisions, etc etc.

Of course, a Power of Attorney self-destructs upon the death of of the grantor. Requirements may vary by state, but in Florida this document does not need to be recorded, but must have two witnesses. It should be prepared by a local attorney, rather than over the Internet or by filling in the blanks on a legal form that can be purchased at Staples or Office Max.

There are many cases of abuse by the Agent, and I don't know of any foolproof solution.

[pachyderm]

I have a friend who has my power of attorney. Recently I found out that some financial institutions (bank, credit union) require an additional form which has to be notarized so that they will recognize the POA -- at least it cuts down on the paperwork they need to recognize it.