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Answered 2010-07-11 03:40:16
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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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.
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 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.
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.
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 should have the papers which your mother signed empowering him the power of attorney If your mother has now died then your brother should have the probate proving his 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 <><><> 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.
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.
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.
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 cannot handle her own affairs, they will grant the power of attorney.
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 a power of attorney (from a court) to deal with their affairs and the person with power of attorney can sign the deed (providing a copy of the power of attorney in support). If they are in a home and mentally capable and do not want to sign the deed then you can not transfer the car title.
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 attorney of power is still effective, whereas in case of the regular attorney of power the validity ends.
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?
no, if the person cannot be stable with thereself or there family they cannot be stable to make decisions on there own
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 guardian of the person and the property appointed.
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 not be legally capable of executing a valid power of attorney. If that is the case a legal guardian would require appointment by the probate court and you should discuss the situation with an attorney who specializes in family law and probate.
How do you obtain power of attorney over a brother?
AnswerYour 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.
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 to execute the statement to that effect.
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.
You do not want to be your brothers power of attorney anymore?
If your brother is competent, you can resign as his attorney-in-fact by giving notice to him.
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.
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 the time the power of attorney was made
