You can get a power of attorney form online or at your local office supply store.
You can get a health care power of attorney form online or at your local office supply store.
Apply to the probate court with the appropriate documents. If they find the spouse is incompetent, they will grant the power of attorney.
If the daughter has a valid Power of Attorney then she can sign for the incompetent. The Power of Attorney must have been executed when the spouse was competent and clearly to remain in effect in the case of a later incompetency. In most jurisdictions this would be knows as a Durable Power of Attorney.
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.
If your spouse has granted you the power of attorney. Otherwise it would not be valid.
If you mean that he is incapacitated to the point where he is mentally incompetent to know what he is doing in signing a power of attorney, you cannot. If he cannot comprehend the nature of his actions, then he cannot lawfully execute a POA. IN order to get control over his affairs at that point, you will have to have him declared incapacitated or incompetent and be appointed his guardian.
The person with the power of attorney has to sign for the individual.
Nobody has a power of attorney unless the individual has duly appointed them. And if they are deceased, no power of attorney is valid, as they expire at death.
There is nothing automatic about the process. Either they are granted the power by the person in question or the court has to grant it.
Marriage does not automatically create a power of attorney. They have to specifically grant the rights.
A Power of Attorney is customarily notarized. However, the bigger question is the validity of a Power of Attorney that is executed by an incompetent person. In general, it is not valid, as the person does not have the capacity to grant the powers to another. Therefore, if there is reason to execute a Power of Attorney (such as, in anticipation of potentially dangerous surgery), it should be done prior to the event that could lead to incompetence.
If a married person (the principal) granted a power of attorney to someone other than their spouse, that other person has the superior authority set forth in the power of attorney document, usually to make decisions and act on behalf of the principal. If you object you should have that situation reviewed by an attorney.
It depends on the nature of the document if a spouse can sign. If someone is having papers served in a legal fashion, a spouse can sign. Other legal documents may require the spouse to also have power of attorney.
Your spouse must execute a power of attorney that grants you the right to sign legal documents on their behalf. You need to consult with an attorney.