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A 'Power Of Attorney' is something that is granted by the individual giving it to up to you. If the person is "mentally challenged" it sounds like what you are seeking is "Guardianship" of the person. You must petition the court and present sufficient proof that this person is in need of having a guardian appointed and that you are the best person to perform the task. The judge will review all the facts and either grant or deny the petition.

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Q: How do you get power of attorney for a mentally challenged adult age 36?
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Does the principal have to sign the power of attorney?

If the principal is mentally capable but physically unable to sign their name any mark will suffice as their signature. It must be witnessed. In order to protect the POA from being challenged later this particular POA should be drafted by an attorney.


How do you stop your mentally challenged mother from giving someone else power of attorney even though you already have it?

The answer to your question will vary, depending on the extent of the power that you've been granted, and the capacity of your mother at the time she named you as an agent, as well as the language of the document itself. There are different types -- or "levels" -- granted by a "Power of Attorney" document.Because you've mentioned that your mother is "mentally challenged," it is possible that the POA you hold is no longer valid. If it was granted before she became mentally incompetent (IF she is mentally incompetent), and if the document doesn't declare your responsibilities "in the event of her mental incapacitation," the document is likely void.If your mother is mentally incapacitated, she cannot grant Power of Attorney to anyone, including you. Rather, someone needs to file a petition to be named as her legal guardian.Because there are so many variables, and because laws vary from state to state, you need to consult an attorney in your area. You should be able to meet with an attorney for an initial consultation without any charge to you.


Does a mentally disable parent who's children took care of them have rights?

Yes. Unless power of attorney was granted to the caretaker children, the parent retains all their rights as an adult.


Can a power of attorney can be given only to an actual attorney?

Anyone can be appointed as a power of attorney. The only requirement is trust and being an adult.


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.


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.


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.


Can elderly parent force adult children into power of attorney?

No


Can a disabled person get power of attorney over a parent?

If they are mentally competent, yes. Their disability does not disqualify them.


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


Can a 17 year old hold power of attorney for a parent?

In most states the person who is named as the agent or attorney in fact must be 18 years of age (legally an adult) or older.


How to Revoke a Power of Attorney?

There are many reasons you may decide to revoke Power of Attorney, which include just changing your mind, appointing a new Attorney in Fact or maybe the Power of Attorney although necessary at one point, is no longer. As long as you are mentally competent you can revoke the Power of Attorney at any time you decide.Here are the steps to Revoke Power of Attorney:It will have to be in writing, there is a form titled Revocation of Power of Attorney that you can find for free from a law office or online.You will need the information from the Power of Attorney, such as the Agent or Attorney in Fact’s name and address. You may want to also include the date of the original Power of Attorney as well.You may need to have your signature witnessed and signed in front of a notary public.Give copies of the Revocation of Power of Attorney to the former Attorney in Fact and notify them that they will no longer be responsible for managing the selected affairs from the Power of Attorney.Request that any copies of the Power of Attorney be destroyed or returned to you.Provide copies of the Revocation to any financial institutions or organizations where the Power of Attorney was previously used, to inform them that it is no longer valid. If the Power of Attorney was recorded with any government agencies, you will also need to record the Revocation of Power of Attorney.You do not have to include the reason for terminating the Power of Attorney. Therefore, if it is simply because you have changed your mind or no longer want the current person to continue acting as Attorney in Fact, you can terminate or revoke the Power of Attorney whenever you feel like it. The only requirement is that the person is mentally competent. If you are not, you will not be able to revoke the Power of Attorney by simply filling out a Revocation. Contact an attorney if you need assistance.