My adult daughter is easily manipulated and would sign her name to anything. Can I protect her from being exploited financially by using a power of attorney?
A person who gives another the power to act on his/her behalf must first be capable of giving informed consent. The ability of a person with an intellectual disability to give informed consent might be questioned, so a power of attorney (POA) would likely not be appropriate in that case. However, for individuals with other disabilities a power of attorney could prove useful because it has several potential advantages. First, a POA will not take away any rights from your adult son/daughter. Second, it is inexpensive, and paperwork can be done quickly without bringing in the courts. On the other hand, there are some disadvantages to this tool. Your adult child could still sign a binding contract without telling you. He/she can withdraw the power of attorney at any time, simply by destroying the document. Also, unlike guardianship, only one person can have the power of attorney at any time (another family member can be named to have second power of attorney, if you are unable to continue)
