Can a handicap person you have power of attorney for legally sign a document?
They can sign anything they wish to, unless the court has ruled the individual
"handicapped" due to some mental deficiency. Your POA only concerns those documents or acts that they cannot do for themselves.
A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.
Can a person with dementia give another person power of attorney without signing power of attorney over to them?
Yes. A Power of Attorney is a legal document. Both thePrincipaland Agent (stated in the Power of Attorney document) will need Social Security numbers. The "Principal" is the person giving legal permission for another person to act his/her behalf. This person is usually known as "Agent" or "Attorney-in-fact."
Can an agent named in a power of attorney create a will for an incompetent person where one doesn't exist?
Absolutely not. An attorney-in-fact cannot draft a will. In fact, how would an incompetent person execute a valid Power of Attorney and appoint an attorney-in-fact in the first place. Incompetents can't sign a legal document. When a person is not legally competent to make a last will and testament their property will pass according to the state laws of intestacy. In order to have the legal authority to handle their affairs a person must seek…