Power Of Attorney Question

Power Of Attorney Question

knowsitall@hotmail.com (Tony Morris)	6/15/2004 9:56:00 AM
I have a brother who is 34 and irresponsible. His credit is poor and he cannot find a place to live. I want to help him out without jeopardizing my credit. Is it possible to get Power Of Attorney to handle his finances? I would have his employer Direct Deposit his paycheck into a separate account and I would make sure his housing is paid and give him an allowance from it. Is this even possible? Thank you.



Stuart Bronstein	6/17/2004 10:34:23 PM
Tony Morris wrote: I have a brother who is 34 and irresponsible. His credit is poor and he cannot find a place to live. I want to help him out without jeopardizing my credit. Is it possible to get Power Of Attorney to handle his finances? I would have his employer Direct Deposit his paycheck into a separate account and I would make sure his housing is paid and give him an allowance from it. Is this even possible? You can certainly get a power of attorney and handle his finances. You shoule be aware, however, that your having a power of attorney does not prevent your brother from continuing to exercise his own rights to manager and spend his own money. Stu



Dan Evans	6/17/2004 10:34:28 PM
On Tue, 15 Jun 2004 09:56:00 -0400, knowsitall@hotmail.com (Tony Morris) wrote: I have a brother who is 34 and irresponsible. His credit is poor and he cannot find a place to live. I want to help him out without jeopardizing my credit. Is it possible to get Power Of Attorney to handle his finances? I would have his employer Direct Deposit his paycheck into a separate account and I would make sure his housing is paid and give him an allowance from it. Is this even possible? Yes, as long as your brother agrees (and continues to agree). Talk to a lawyer about preparing the document, and the risks you might be running. Dan Evans Author of the Tax Protester FAQ *http://evans-legal.com/dan/tpfaq.html



"Paul Cassel"	6/17/2004 10:36:34 PM
Tony Morris wrote: I have a brother who is 34 and irresponsible. His credit is poor and he cannot find a place to live. I want to help him out without jeopardizing my credit. Is it possible to get Power Of Attorney to handle his finances? I would have his employer Direct Deposit his paycheck into a separate account and I would make sure his housing is paid and give him an allowance from it. Is this even possible? Thank you. The big question is if your brother agrees. If he does, then you don't need much other than a discussion with his employer and you becoming a signatory on an account set up for your brother's benefit. You do set yourself up for some potential problems down the line if your brother later accuses you of mis-managing his money he could conceivably sue you for that. I suppose your brother could still screw himself up by taking out charge cards and so forth, but that would be up to him. You don't say whether your brother is incapable of managing his money, but wishing for some help or if he's truly incompetent in a legal sense. If he's unwilling or truly mentally unable to manage his own affairs, you can, upon proving such to an appropriate court in your (unstated) jurisdiction, get him declared incompetent and become his conservator. This would be, IMO, almost impossible to prove for someone who is currently holding a job, but only acting 'irresponsibly'. Legally incompetent, or as usually stated "non compos mentis" is generally reserved for those who barely know where or who they are - not for those who spend too much. If your brother doesn't want help and isn't legally incompetent, I doubt there is anything you can do. -paul ianal

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