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Power of Attorney

How do I get power of attorney for my mentally disabled brother?

Answer

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July 11, 2010 3:40AM

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.