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How can you get power of attorney for your mother who has senile dementia?
Wiki User
∙ 11y ago
Your father can execute a POA and name you as his attorney in fact. If your father wants to grant a POA to you then you should make an appointment with an attorney and go together. Your mother doesn't need to play any part in that process and she doesn't need to know that you have been granted a POA for your father. The POA granted to your mother should be revoked.
However, if your father is too ill to make that decision then you need to consult with an attorney about petitioning the court for appointment as your father's guardian or conservator. You could discuss your mother's condition at the same time. You may want or need to gain some legal power to handle her affairs as well.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoChanges cannot be made to a Power of Attorney after the principal has become mentally ill. A General POA expires at that time. A Durable POA is valid even after the principal has become incapacitated.
If the existing POA isn't durable, you need to petition the court to be appointed her guardian. You need to consult with an attorney who can review the situation and explain your options. Call around. Most professionals will give you a low or no cost initial consultation. Get some attorney recommendations from folks you know. If you have family who have interests, include them in the decision making if possible. They will be given legal notice if you petition to be appointed guardian.
Wiki User
∙ 11y agoYou cannot 'obtain' a power of attorney. A 'POA' can only be granted by the individual who is voluntarily granting that power to you and who has legal mental capacity to do so.
You may apply for a court ordered "guardianship" over someone who you believe to be mentally/physically incapable of taking care of themselves or their obligations.
You must petition the court for a hearing to be held to determine if the person is, or is not, legally competent. You must show the court good reason (probably including medical/psychiatric testimony) as to why it should order that individual's rights taken away and granted to you.
Wiki User
∙ 11y agoYou have to get your mother declared mentally incompetent by her Health Care Provider, then you have to petition the Courts to become her legal guardian. Some states require two Health Care Providers declare her mentally incompetent due to her dementia. You will probably need a lawyer to speed this along, especially if you are needing to get guardianship quickly.
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Can you get power attorney if your mother still know you?
If your mother grants you the power of attorney. Otherwise it will require a court order.
Mother has dementia and a revocable trust you have power of attorney can you transfer the deed on the house to your sister and yourself by a quitclaim deed and sign it as power of attorney?
IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.
How can you get guardianship of your cousin with dementia I have power of attorney?
You would apply at the probate court. The clerk can help with the proper forms.
Can someone with dementia sign over power of attorney to someone?
No. First, a person with dementia is legally incapacitated. They can't grant a Power of Attorney to anyone. Second, a Power of Attorney is a legal document that must be signed by the principal in order to be valid.
Can the mother of your adopted niece revoke a power of attorney?
People can dispute whatever they want. But, assuming the power of attorney was for you if you become incapacitated or incompetent and named your mother as your power of attorney in that instance, she'll lose if she disputes it. You can name whomever you want as your power of attorney and no judge anywhere would rule otherwise.
Can a will be legally changed if the person has dementia and the power of attorney is not notified or present at the time?
If the person was of sound mind when they made out their 'last' Will and Testement then it's legal and binding. Most people do so earlier on before they become very ill.
My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
Can you use a power of attorney to buy a funeral policy for your mother?
In most cases it is possible. Unless there are restrictions in the power of attorney document.
How would you become power of attorney for your father for his financial and medical affairs if he has dementia and will not sign?
You must petition the court to be appointed his guardian. You should seek the advice of an attorney who specializes in probate.
Can you legally stop a financial decision by your mother without power of attorney?
You must be a court appointed guardian to over-ride your mother's decisions. A Power of Attorney does not give you that type of authority.
How do you get added as a dual power of attorney along with your sister who has current Power of Attorney for our mother?
Your brother cannot be the 'power of attorney' for your mother's estate. A Power of attorney is extinguished upon the death of the principal. If your mother has died then your brother has no more authority over her property. In order to obtain the legal right to manage her estate you must apply to the probate court for appointment as the personal representative of her estate.
How do you get power of attorney over a brother who is showing the early signs of developing alcoholic dementia?
This is something that you need to do NOW. If your brother still have his mental facilities then the easiest way to do this is to meet with a lawyer and your brother to draft the extent of your power of attorney.
