How Do I Create a Power of Attorney for Someone With a Brain Injury?
A power of attorney is a legal instrument that individuals create and sign that gives someone else the authority to make certain decisions and act for the signer. The person who has these powers is called an "agent" or "attorney-in-fact." The signer is the "principal." As a principal, if the principal's decisions conflict with those of the agent, the principal's decision will govern, assuming that the agent confers with the principal prior to taking an action. If an agent has acted on the principal's behalf and acted within the scope of authority granted by the power of attorney, then the principal may be obligated by the terms and conditions of his actions.
If the man has mental capacity to understand the nature of his actions, he may sign a power of attorney naming an agent to act in his behalf. If not, it may be necessary to create a guardianship if the he lacks mental capacity to manage his own affairs.