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I've gotten involved in some strange family drama, but I'm not sure how to handle it.
My grandmother claimed that she has recently changed her documents so that I will have POA over her when the time comes. However, as her eldest grandchild and a 19 year old, I'm not exactly certain that I will be able to make those decisions when the time comes. At the moment she is fairly healthy, but my mother and I have been concerned that she may have signs of dementia, and we have been concerned about it for a few years now. My grandma is constantly going on about "when I die" like it will be within the next 5 years, though, so I'm really not sure what to expect.
She claims that she doesn't trust her children to handle things the way she wants when she passes. While I agree with her, and wouldn't trust them to be POA either, I'm not sure I'm the right person for the job. I'm just learning how to manage my own finances and pay taxes. How am I going to manage her death and medical care? Is she even legally allowed to make me the POA without my consent?
I also have a few follow up questions; if she is able to elect me as POA without my consent, what are my options? Am I legally allowed to chose who the POA goes to from that point? Am I legally allowed to request to see the paperwork from her lawyer if I'm the POA? If there aren't any backup POAs, then what?
The idea of handing the POA over to my mother or uncle is slightly concerning, as the two aren't all there mentally either. Even still, I'm not sure if it's a responsibility that I should allow myself to take on. Any help is greatly appreciated.

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As you aren't certain YOU want to do this, and you feel that it wouldn't be good for the others to do it (that is to say you agree with grandma) then I would sit with your grandmother and ask her to see the papers. You would then know if you are appointed at POA for Health care of for financial or for BOTH. DPOA would mean that, when/if Grandma becomes unable to handle the above, either health care decisions or financial, you would be assigned to do it. Neither is that easy, but if you know your grandmother's wishes, the health POA is easiest. You would be able to share info with doctors and they with you. If your Grandmother needed decisions made about placement, hospice care, palliative care, whether or not to have dialysis, whether or not to have heroic measure such as ventilators, you would be making those decisions. HOWEVER if you are to do that you should know NOW what grandmother wants.
As to Financial, you are right. It isn't easy. You would be dealing with her banks, with social security, with the IRS for taxes, to pay her bills and have them mailed to you, to handle real property if she has it, and to keep very good records. I did it a year for a really together brother who had his "house in order" and it wasn't easy. Do know, if there is any substantial estate, you would then ALSO be able to use grandmother's money to hire an attorney to help you if needed, a financial fiduciary if needed and etc. But it is still a lot.
You need to sit with grandmother. If you do not wish to do this, after reading up a good book on being power of attorney (or use google to look it up), then let grandmother know so that she can arrange a fiduciary to handle her affairs, or something else.
It is surely a dilemma.. Do know, if you do not wish to do this, or to be say executor of a will if that is designated you can always say no. Then the court will appoint someone to do it through your state. However, it is at that point that the "others" perhaps with some greed of malice can step forward in court and say "I am the DAUGHTER and I will do it" and they will likely be allowed to do so.
Good luck! Hope you keep us informed and hope others here have good advice for you. MstrBill, GardenArtist, many others have a lot of experience in some of this work.
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POA ends at death. So you would not be able to do what she wants.

She needs to name you as executor of her will for you to handle her last will and testament.

You would have to see how this is written, that would decide if you could hire the work done or appoint an attorney or fudiciary to do the work.

Talk to her about seeing a certified elder law attorney (you can find ones in your area at www.nelf.org) to make sure that all of her documents are legal and viable. Tell her if you don't want the responsibility to use a professional if she doesn't trust other family members.
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Laws differ from state to state, and the way being chosen as PoA happens in MN is: the assigner (your grandma) has the proper PoA documents specific for her state. There is PoA for either/and medical and financial duties. There are options outlined in the document for the extent of the authority, like can a person make real-estate transactions, when does the PoA take effect, etc. Each party gets an original version of the document (so your grandma has one and you have one). The docs are signed in front of a notary and with 2 non-family witnesses. Then the PoA(s) (as there can be more than one per assigner) gets an original signed copy which they will need to present in order to act in the assigner's best interests. Since this is a serious responsibility, I can't imagine someone can assign you without your knowledge. Your gramma is wise to want someone significantly younger than she. How old is your gramma? It's a good thing she's thinking about preparing for her future. The moment gramma passes the PoA authority ends and the Executor of her estate takes over (she also needs to name this person in her will, but I don't think they need to be informed -- again, not sure). The PoA and executor can be the same person, if legally designated by your gramma. She can name a back-up PoA and I don't think they need to be informed, again, not sure. But I would make sure they are willing and able to do it. You can resign your PoA but I'd hope your gramma has a secondary named. Once she has an official diagnosis of dementia in her medical records, she cannot change any of her legal paperwork.
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Yes, someone can assign another person without them knowing it. Which I feel is something that needs to be changed. I think the assigned person should sign off to confirm they except the assignment and understand what that entails. There is a lot of misconception concerning what a POAs responsibilities are.

If you don't want the responsibility than you can have it revoked. Nineteen is young to have the responsibility that the financial would involve if Mom has an sizeable estate. You cannot turn over the POA to someone else only Grandmom can assign someone. You can use other people to help you using Gma's money. Like a tax preparer, someone to care for her, place in a facility. Like said Financial has the most responsibilty.
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This is the way it works here in OZ, and it might give you something to start with. It’s based on Common Law, which is similar in some but certainly not all US states. Yes, here you can be given a Power of Attorney without your knowledge. You don’t have to consent. You cannot pass it on to someone else, only your grandmother can change it. POAs vary, many are not effective until the donor (ie your grandmother) is no longer legally competent, others are effective immediately. Some cover finances and health, some specifically exclude them. You can decline to accept the POA, but there is no need to do that until it is needed, then see a lawyer at that point about what to do. You can also delegate to a professional (executor and trustee company for example, or a care manager), to do the actual work, and you can rely on their reasonable advice. POAs terminate on death, and you don’t know if you are named as the will executor (which you can also decline to accept, or delegate the work involved).

In the situation you describe, and irrespective of the law, I would suggest that you just sit tight, for several reasons. You may be over 30 before grandmother dies, and feeling much more able to take on the decisions involved. Secondly, when elders start changing documents, it frequently isn’t for the last time. My dreadful father used to change his own will every couple of years, just to cause more fuss. And another issue is that to deal with this, you may need to go public about the doubts re your mother and your uncle, and this is bound to cause problems in the family.

Perhaps you can just make mmmmm noises to your grandmother, and do your best to put it out of your mind for now.
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