Power of Attorney

Old 05-03-2007, 03:14 PM
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Location: Birmingham, AL
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Power of Attorney

I was contacted by my AH sister today. My AH and I are seperated and have been for 2 months. He has lost everything. She wanted to know if I would try to get a Power of Attorney over him and send him to rehab or physc center. She said that her mom would do it, but can't because we are married. First of all, I don't know that would even be possible. Secondly, would that make me financially responsible for him and his debt? Are any of you familiar with this or have done this?

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Old 05-03-2007, 03:29 PM
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My AH gave me his Power of Attorney after the first relapse .........this document only enables you to do business transactions, consent for treatment for children, that type of thing.
You may want to check what the rules are in your state.........but as far as I know the person has to be willing to enter treatment. You can only have a person sent against their will if they are a immediate danger to themself or others ( in my state)

So I'm not sure that a POA will help .
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Old 05-03-2007, 04:00 PM
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grateful rca
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i agree that the person has to be willing to get excepted into rehab, don't really know though, this is only in my experience, and i've been through quite a few of them. keeping you and your in my prayers
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Old 05-03-2007, 04:09 PM
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it you sign him him i would think u would be.i really do not know.hugs,
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Old 05-03-2007, 06:36 PM
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Check with your local courthouse. I live in Florida and I had my husband Marchman acted (similar to the Baker act, but for drugs and alcohol).

The Marchman act is a 2-step process. First, you file a petition to get the addict into detox for assessment. The next step is to file a 2nd petition for the addict to get treatment. The whole process is involuntary. The same day I filed the first petition, a deputy immediately picked my husband up (involuntarily) and transported him into detox for 5 days.

Check with you local legal system. Good luck.
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Old 05-03-2007, 06:42 PM
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I was able to go to the courthouse in MA and have my AS section 35 which is a 30 day involuntary stay at a treatment facility. I just had to go in front of the judge and tell him I thought his substance abuse was making him a danger to himself. I would definately go to the local courthouse and ask. I don't think a power of attorney will help you with anything.
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Old 05-03-2007, 06:51 PM
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Definitely consult a lawyer or the courthouse and ask. A lawyer is probably better. Also, did you file a legal separation when you separated? I dont' know if Alabama is a community property state, but even if it isn't it is probably an equitable distribution state which means that all assets or debts incurred after the marriage began EXCEPT those incurred AFTER you filed legal separation are both parties' responsibility.
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Old 05-03-2007, 07:03 PM
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There are two different kinds of POA. One is strictly for medical issues and the other for legal and/or business matters. There are ways to perform as POA for someone without being liable for their bills but you must have legal advice to do this according to the laws in your state and for your situation. A third document that is similar to POA is a Living Will... used for end of life preferences. Look in your phone book for your local legal aid services office if you don't have an attorney.
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