Asked in Power of Attorney
Power of Attorney
How do I get power of attorney for my mentally disabled brother?
Answer
Wiki User
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.
Related Questions
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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.
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How do you get power of attorney for your mentally disabled spouse?
You apply to the court for their conservatorship. They will
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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
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Asked in Power of Attorney
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
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How does father get power of attorney over his kids that are mentally disabled?
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The process to get a power of attorney in Hennepin County MN for a couple that is mentally disabled?
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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
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How do you get power of attorney for a disabled adult child?
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How can you find out if your brother had power of attorney of your mother?
Power of attorney is a deed and as such must be validly executed
and clear of its intentions on its face so as attorney your brother
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power of attorney If your mother has now died then your brother
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Asked in Law & Legal Issues, Power of Attorney
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
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Asked in Power of Attorney
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
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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.
Asked in Power of Attorney
What is the meaning of the Power of Attorney?
Power of attorney allows another person to make legal decisions
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Asked in Power of Attorney
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.
Asked in Vehicle Titles, Repossession
How do you transfer car title when one owner is in a nursing home?
If the owner in the home is still mentally capable, they can
sign a deed. If they are not mentally capable then you must obtain
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How do you get a power of attorney for your physically disabled sister?
You apply to the probate court. If they agree that the sister
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What is the difference between a durable power of attorney and a traditional power of attorney?
An attorney of power is an official document that allows someone
to act on someone other's behalf. There is just one difference
between the durable and the traditional (regular) power of
attorney, that is, when a person becomes disabled, the durable
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Asked in Power of Attorney
Can a mildly mentally disabled person make her own decisions like where and with whom she wants to live even if her power of attorney says no?
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Asked in Power of Attorney
Louisiana your husband had a stroke and his kids are trying to get power of attorney?
If the husband has become mentally incompetent as a result of
the stroke, he would not be considered mentally competent to grant
a power of attorney to anyone. A power of attorney that is granted
during the time of one's incompetency would generally not be
considered valid. If a person is mentally incompetent, an
interested person could generally petition a probate court (in the
county in which the mentally incompetent person resides) to have a
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Asked in Law & Legal Issues, Power of Attorney
How can you find out if your sister has power of attorney over your disabled sister?
Ask one of them. Other than that there is no other researchable
way. Such documents are not generally required to be filed with the
public records unless there is real estate involved. In that case a
copy of the power of attorney would be recorded in the land records
with any transaction that affects the real estate.
On the other hand, if your sister is mentally disabled she may
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Asked in Power of Attorney
How do you obtain power of attorney over a brother?
Answer
Your brother must execute a Power of Attorney document
voluntarily. The POA must name you as the attorney-in-fact. Your
brother must have legal capacity to execute a POA. If he is
incapacitated then you must petition the court to be appointed his
legal guardian.
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Can the individual who is competent - mentally void a durable medical Power of Attorney?
If they are mentally competent, yes they can. They simply need
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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
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You do not want to be your brothers power of attorney anymore?
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What can an agent do if someone tricks an elderly person into changing their power of attorney to name a different agent?
Nothing unless person is declared to be mentally incompetent at
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Does power of attorney make you responsible for the disabled person's bills?
No. [Going by the strict wording of the question]
The power obliges the attorney to apply the funds or assets of
the donor towards the donor's liabilities.