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How do you obtain a power of attorney for a sibling who is mentally disabled?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoThat depends of the nature of your son's handicap. Your son must be legally capable of executing a Power of Attorney. If he has developmental disabilities he is not legally capable of granting a POA and you must petition the court to be appointed his legal representative. In addition, you may want to set up a Special Needs Trust to hold his assets. You should seek the advice of an attorney who is an expert on providing advice to caregivers. She/he could explain your options and the advantages and disadvantages of those options. You should try contacting your local bar association or local family caregiver agencies for a referral.
Wiki User
∙ 13y agoAnswer
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.
Wiki User
∙ 11y agomy 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.
Wiki User
∙ 13y agoYou 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.
Wiki User
∙ 9y agoYou apply to the probate court. If they agree that the sister cannot handle her own affairs, they will grant the power of attorney.
Wiki User
∙ 8y agoYou apply to the court for their conservatorship. They will provide the appropriate authorization.
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