POA's can only be obtained if the grantor is willing and is mentally capable of understanding the nature of the procedure. In cases where the mentally incapacitated person needs assistance and cannot grant POA the interested party must apply for adult guardianship through the appropriate state court (usually probate). Adult guardianship is expensive ($3,000-$5,000) and often complicated as the legal definition of incompetency is not necessarily compatible with the medical definition of such. A competency hearing is required in almost every state. Also in every state the person(s) applying for guardianship must retain legal counsel and the person in question must have a Guardian Ad Litem appointed by the court. The best option is to obtain legal advice from a qualified attorney.
Apply to the probate court. They will review the situation and grant the power of attorney.
If they have Power of Attorney, yes.
You cannot obtain a POA from an unconscious parent because a POA must be executed voluntarily by a legally competent person. In your case you need to petition the court to be appointed your parent's guardian. You should consult with a social worker at the facility where your parent is being cared for or a private attorney.
That really depends on their condition. If the person understands what they are doing at the time they may have the legal capacity to transfer the title. It should be done at an attorney's office so the attorney can make the determination.
You must obtain a Power of Attorney from your son. He would need to execute a new POA document that grants powers of attorney to you. He would need to revoke the one he granted to his spouse. It cannot be assigned or transferred by the attorney-in-fact not can it be affected in any way by a third party.
No
The Power of Attorney has no rights over a parent of sound mind. The power of attorney is given by the parent and can be withdrawn at any time. And the power of attorney automatically ends upon the grantor's death.
The child would need to do so with the consent of, and with, her custodial parent. A child cannot consult with an attorney on their own.
The parents' estates must be probated in order for the assets to pass to the heirs legally. You need to consult with an attorney who specializes in probate law in your jurisdiction.
No. However, if the adult child is unable to act on their own behalf for some reason the parent can petition to be appointed the adult's legal guardian. If that is the case you should consult with an attorney who specializes in special needs guardianships.
You first have to authorize a power of attorney form, then make them sign as the 'Principal' and you should sign as the 'Attorney-in-Fact' If your parent is competent their grant of a Power of Attorney must be voluntary. They must execute a Durable Power of Attorney document that names you as their attorney in fact. You and your parents should consult with an attorney who can review the situation and advise you of your options and the consequences of executing a power of attorney. If your parent is not legally competent then you must petition the court to be appointed their legal guardian.
Notarized Power of Attorney
No.No.No.No.