Power Of Attorney

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Someone mentioned that when his gf turned 18, a court granted legal guardianship and power of attorney to her mom. But when someone is 18 years old they are legally an ADULT and so it seems like this would be a violation of ones constitutional rights. Is it legally possible for an adult to be rendered the legal status of a minor against their will?? How does a person fight back legally if this sort of thing is attempted against them?......

It IS ILLEGAL unless the mother has some BIG responsibility for the child's acts, or the child is incarcerated or something and it could be used as some legal device to keep her out of jail OR, FAR MORE LIKELY, the child is deemed to be mentally incompetent. The legal guardianship would serve as notice that she could act on the childs behalf.

The child COULD appeal the ruling. Of course, in such a case, there would have to be proof of competence.

Ive been EXTREMELY CONCERNED about the civil rights of the mentally ill and those determined by a court to be "mentally incompetent". Such status means that a person can be thrown in a mental hospital and forced treatment AGAINST THEIR WILL and dont have any legal rights to make decisions. I remember seeing a rather sensationalist video listing the name of an organization that fights for the rights of mental patients. NO ONE, including any government, should have the power to absolve a persons rights by declaring them "mentally incompetent". This has been abused by authoritarian governments like the former USSR, which used mental hospitals as political prisons.

It's pretty sad how the legal system treats those with mental disorders.

Some hardly get by with even little.

Guardianship or conservatorship is only granted when a court finds that someone cannot manage money, cannot understand and make decisions on medical advice, or needs help with basic living skills. Courts try to give the conservator power of the fewest aspects of the subject of conservatorship's life as possible. The subject of conservatorship can appeal the decision at any time.

Im totally against this. The ONLY case I might be for it is if the adult is mentally ret*d to a signifigant degree or if they are incapacitated by brain injury and/or are completely unresponsive(as in comatose or unaware of their surroundings).

It is more complex - I do not know how the US-laws stands here, but the law in the UK, especially since the Mental Health Act 2004, has here very flexible approach.

There is grey area, when people are capable to some extent to run their own affairs, but do not understand more complex issues or do have a very specific disorder which may harm themselves: Think about an older person with some memory deficits and a severe OCD, which lives in a house filled up with rubbish collect over decades and putting his/her healths into danger. For such a person, the court can order that a "guardian" is entitled to make some decisions regarding living condition, but is not entitled to take control over the persons assets.

As a basic matter of US law....

When you turn 18, you are an adult and can handle your own legal affairs. If you wish someone else to, they must have a power of attorney.

If someone feels you are incapable of managing your own legal affairs (incapacity, disability, etc.) they can petition a court to order a power of attorney or other such legal arrangement. This must be supported by evidence, so it isn't done haphazardly.

If someone has a disability and turns 18, they can't grant a power of attorney because, being disabled, they don't have the capacity to contract, so the court must still be involved, although the disabled person might be able to express their approval of such an arrangement.

In British law the power of attorney ends automatically if you are declared incapable of running your own affair.



This appeal can be in the UK only by medical professional, some social workers and relatives and must be be supported by two independent health professional qualified in this area. As I said the court has a wide range in defining to which extent a person is capable in running his affairs or not.

Doesn't that essentially negate the whole point of a power of attorney? In the US, many have durable power of attorney documents (I do) which kick in automatically IF something happens to me that renders me unable to handle my own affairs. This way my loved ones don't need to get a lawyer and go to court to approve someone to operate my affairs while I'm incapacitated.

In the USA, the only way a POA is negated by disability of the party is if it can be shown the person was disabled/incapacitated when the POA was signed, but POAs must be executed before a Notary Public who is suppose to ensure the executing party is competent and not being coerced into signing the POA.

yes, with US law, you can A. transfer it to someone and have it signed and notarized, but it takes 2 witnesses and can still be challenged in court if a question of compentence at the time of signing. B. when a person is found suffering from mental defect or disease to the point where they can not care for themselves (Like a severe suffer of Down Syndrome/ IQ in the range of 30-50) then the court can award a guardain but only after a compentence hearign and examination by court approved psychitrist.

In British law the power of attorney ends automatically if you are declared incapable of running your own affair.

I believe this so that the case has to be taken to court to decide what's best for the disabled person. To protect them. A person could choose someone to for POA who really isn't suited to take care of their affairs when they are disabled.

In British law an EPA, Enduring Power of Attorney can came into effect after a person is disabled. EPA must be a document signed before the person became incapacitated that says a they want a specific person to handle their POA when they become incapacitated.

This is in UK-Law the "Lasting Power of Attorney" (LPA), but this has still be registered in the case of mental incapacity with the court. The court follows in the very most cases the decision of the issuer of a LPA, but can also decide otherwise.

I read once that drug-addicted rockstar Courtney Love was appointed a Legal Guardian and quite honestly I thought that was a total outrage. UNLESS a person is severely mentally disabled OR they have been incapacitated(as in comatose, or not fully cognizant of their surroundings) this is a dangerous legal quandary that allows the state to take away peoples rights on the basis that someone who is manipulative enough can convince a court of law to go through with it!

It's a hard call. Someone with real issues but otherwise in control of their faculties can get themselves in some serious trouble. I know nothing of Courtney Love or her issues or the motives behind why it was sought.