corsoj said:
New Jersey. I have had power of attorney for over four years on an elderly person. Recently, there has been a decline in their mental state where it is starting to effect their daily judgements. Does an outside party need to evaluate this person to envoke POA or can I exercise my responsiblity and start making deccisions on their behalf?
What does the POA document say? Usually, the POA does not become effective until one or more currently treating physicians determine the person to be incompetent due to physical and/or mental incapacity.
While you are reviewing the document, find out if you have to register the POA with the county and provide an accounting of every transaction you make on behalf of the person. Although this will be a burden for you to have to report every transaction, it will be of immense value to your protection when a will is probated and the greedies come out of the woodwork.
Bless you for caring for an elderly person and keeping that person out of a nursing home.
EC