Is a person employed as a caregiver for an elderly person legally able to be given Power of Attorney?
Full Question:
Answer:
As long as the person making the power of attorney (principal) has the mental capacity to understand the nature of her actions, the principal may appoint a caregiver as agent under a power of attorney. If another agent was previously appointed, that power of attorney should be revoked in writing with notice given to the former agent. As an agent under a power of attorney, you may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court.
The following are CA statutes:
4151. (a) A principal may revoke a power of attorney as follows:
(1) In accordance with the terms of the power of attorney.
(2) By a writing. This paragraph is not subject to limitation in
the power of attorney.
(b) An attorney-in-fact or third person who does not have notice
of the revocation is protected from liability as provided in Chapter
5 (commencing with Section 4300).
4152. (a) Subject to subdivision (b), the authority of an
attorney-in-fact under a power of attorney is terminated by any of
the following events:
(1) In accordance with the terms of the power of attorney.
(2) Extinction of the subject or fulfillment of the purpose of the
power of attorney.
(3) Revocation of the attorney-in-fact's authority, as provided in
Section 4153.
(4) Death of the principal, except as to specific authority
permitted by statute to be exercised after the principal's death.
(5) Removal of the attorney-in-fact.
(6) Resignation of the attorney-in-fact.
(7) Incapacity of the attorney-in-fact, except that a temporary
incapacity suspends the attorney-in-fact's authority only during the
period of the incapacity.
(8) Dissolution or annulment of the marriage of the
attorney-in-fact and principal, as provided in Section 4154.
(9) Death of the attorney-in-fact.
(b) An attorney-in-fact or third person who does not have notice
of an event that terminates the power of attorney or the authority of
an attorney-in-fact is protected from liability as provided in
Chapter 5 (commencing with Section 4300).
4153. (a) The authority of an attorney-in-fact under a power of
attorney may be revoked as follows:
(1) In accordance with the terms of the power of attorney.
(2) Where the principal informs the attorney-in-fact orally or in
writing that the attorney-in-fact's authority is revoked or when and
under what circumstances it is revoked. This paragraph is not
subject to limitation in the power of attorney.
(3) Where the principal's legal representative, with approval of
the court as provided in Section 4206, informs the attorney-in-fact
in writing that the attorney-in-fact's authority is revoked or when
and under what circumstances it is revoked. This paragraph is not
subject to limitation in the power of attorney.
(b) An attorney-in-fact or third person who does not have notice
of the revocation is protected from liability as provided in Chapter
5 (commencing with Section 4300).