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A mentally incompetent person cannot grant a POA to anyone.

The person wishing to take the responsibility for the welfare of a mentally challenged individual must petition for adult guardianship through the proper court procedure as required by the state in which the incompetent person resides.

Obtaining adult guardianship is a complicated procedure and requires representation by legal counsel for all parties involved. In such matters the court appoints an attorney for the person who is deemed to be incapable of conducting his or her personal and/or financial affairs even if the person is under the supervision of a qualified state social service agency/health care provider.

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โˆ™ 2010-07-11 03:40:16
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Q: How do I get power of attorney for my mentally disabled brother?
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Can a disabled person get power of attorney over a parent?

If they are mentally competent, yes. Their disability does not disqualify them.


How do you get power of attorney for your mentally disabled spouse?

You apply to the court for their conservatorship. They will provide the appropriate authorization.


Can you get power of attorney for your mentally disabled brother for the sale of mineral rights you have inherited if he is being cared for by the state of ca and you assume they have conservaturship?

No. Only a competent person can execute a power of attorney, so (by definition) a mentally disabled person cannot execute a valid power of attorney. What would be necessary is the court appointment of a guardian for the brother. Of course, any proceeds from the sale of the brother's property would go first to repay the State of California for his care and the rest would be set aside to pay for his future care.


How do you obtain a power of attorney for a sibling who is mentally disabled?

You can not obtain power of attorney from someone who is not competent, however you can take steps through a probate or family court to establish a guardianship and conservatorship.


How does father get power of attorney over his kids that are mentally disabled?

The father must submit a petition to the probate court to be appointed the legal guardian.


The process to get a power of attorney in Hennepin County MN for a couple that is mentally disabled?

Petition the probate court in that county. The court will grant a conservator or trustee right.


How do you get power of attorney for a disabled adult child?

Apply to the probate court. They will review the situation and grant the power of attorney.


Can power of attorney be taken away if you become mentally ill?

Yes, Power of Attorney can be taken away if that person is mentally ill and the family of the person that requested the Power of Attorney deems fit to have that power taken away from the Power of Attorney. The Power of Attorney is an important action to look after particularly the financial affairs; bill paying, etc., of a sole person.


How do you obtain a Power Of Attorney for mentally disabled parent in Arizona with very limited funds?

To make a valid power of attorney document, your mother would need the mental ability to fully understand what the document is and what it does -- and to consent to giving you power of attorney. If she's already mentally incapacitated, it's too late for her to agree to allow you to handle her affairs. But there is another way to get this authority. You can go to court and ask a judge to appoint you as your mother's conservator.


What is the meaning of the Power of Attorney?

Power of attorney allows another person to make legal decisions for you in case you are physically or mentally incapacitated.


How do you get power of attorney for your brother if he is mental?

my brother lives alone, he is mental can i get poa <><><> You need to discuss this with an attorney in your state. In general, he cannot grant a power of attorney if he is not mentally competent. A court may appoint a guardian to act on his behalf- similar to, but not exactly the same as a POA. You can also check with Adult Protective Services in your area. Good luck.


Can a brother be awarded power of attorney over his sister?

No, power-of-attorney is not awarded. It is granted by the person that it is for. His sister could grant him a power of attorney. A brother could be appointed the guardian of his sister if she is a minor and he is an adult.

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