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 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.
Asked in 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.
Asked in Power of Attorney
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
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
court and ask a judge to appoint you as your mother's
conservator.
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 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
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.
Asked in Power of Attorney
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.
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
guardian of the person and the property appointed.
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
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.
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