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How do you obtain power of attorney for a mentally ill family member to keep them from leaving a medically necessary environment?
Wiki User
∙ 14y ago
You cannot 'obtain' a power of attorney. A 'POA' can only be granted by the individual who is voluntarily granting that power themselves, to someone else. It cannot be coerced or it becomes illegal and invalid. You CAN obtain a court ordered "guardianship" over someone who you believe to be mentally/physically incapable of taking care of themselves or their obligations. You must petition the court and a hearing will be held to determine if the person is, or is not, legally competent. You must show the court good reason (probably including medical/psychiatric testimony) as to why it should order that person's individual rights taken away and given to you.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoprove their unable too think clearly for themselves. A better solution is to contact your county mental health dept and discuss a public guardianship or conservatorship. However based on behaviors, mental health history and whether the person is a threat to themselves or others and or gravely disabled is pertinent.
Added: The above answer is essentially correct. A Power Of Attorney can only be granted by the actual person who is granting you the power over them. In the case of a mentally ill person, this is impossible. Therefore a court ordered Guardianship is the only course of action to take.
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