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A power of attorney can only be granted by a person who has legal capacity. If your parent is competent, which is described as a medical physician stating that you are able to think for yourself with an open and clear mind, they must voluntarily execute a POA document.
If your parent is incapable of making their own decisions you need to petition the probate and family court to be appointed as guardian. You will then serve as legal guardian under the supervision of the court. You should consult with an attorney who can review the situation and explain your options.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoI think you may mean "guardianship" over someone. A 'guardianship' is something that can be 'obtained' by going to court. However, you must demonstrate that the parent is incompetent and cannot care for either themselves or their affairs. Only when you convince a judge that the parent is incompetent will the court approve this. A "power of attorney" is a power that is VOLUNTARILY GIVEN up by someone to someone else. It is not something you "obtain."
AnswerThe first answer addresses an incompetent parent. Since 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.Wiki User
∙ 13y agoYou can buy a power of attorney form online (read their disclaimer first) and at your local office supply store.
AnswerA person, the principal, must voluntarily execute a Power of Attorney naming an attorney-in-fact. The principal must have the legal capacity to execute: They must understand what they are doing, why they are doing it, understand the effects executing the POA will have and they must not be unduly influenced or pressured by someone else to do it. The principal should discuss it with an attorney who can review their situation, listen to their needs, explain their options and explain the consequences.
A Durable POA is effective even after the principal has become incapacitated due to age or illness. A general POA expires when the principal becomes incapacitated. An attorney-in-fact must be a trustworthy person. They will have complete control over the principal's assets. A POA is a powerful instrument that should always be drafted by an attorney and to fit the needs of the principal.
Wiki User
∙ 11y agoNolo Press publishes a series of good do-it-yourself books on common legal problems and how to prepare common legal documents. A competent adult must voluntarily provide you with a power of attorney. You cannot force someone to give you a power of attorney.
Wiki User
∙ 12y agoYou don't apply for a Power of Attorney. A person who wants another person legally authorized to act on their behalf grants a POA to that trusted person. There is no government authority that can give that power to you.
You might be thinking of requesting a "guardianship."
Wiki User
∙ 11y agoyou can only obtain a power of attorney if the parent is willing to give it to you, if the parent is declared incompetent by a physician then only an attorney will be able to give you P/A until the P/A dies with the death of the parent.
Wiki User
∙ 14y agoA Power of Attorney is a legal document that a person can execute for their own convenience. The POA executed by the principal gives another person(s), the attorney-in-fact, the authority to sign the principal's name at the request of the principal. A child cannot execute a legal document. If you need the legal authority to sign legal documents for a child you must petition the court to be appointed that child's legal guardian. You will then be under the authority of the court and the court will have the power to monitor your actions
Wiki User
∙ 9y agoThe short answer is you cannot. Power of attorney can only represent a living person.
Wiki User
∙ 8y agoNo, a power of attorney is only valid for a living person. You can ask the court to appoint you as the executor of the estate.
Wiki User
∙ 9y agoYou can't.
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What are the power of attorneys rights over a parent that is of sound mind?
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.
How do you obtian power of attorney over a parent in NH?
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.
Can my brothers girlfriend file for power of attorney?
You do not file for power of attorney. This is a power that one person grants over themselves to another person. If the girlfriend would like to give you power of attorney over her, she need only obtain the proper documents and execute them.
Can you give anybody your power of attorney?
They cannot obtain power of attorney over you. Unless a court specifically appoints them, and then there would have to be a competency hearing.
Can a disabled person get power of attorney over a parent?
If they are mentally competent, yes. Their disability does not disqualify them.
Does giving someone power of attorney of a child give them custody?
A power of attorney over a child is a document signed and notarized by a parent giving a non-parent authority to make decisions for a minor child. It is not a court order. It is typically used by a parent who is unavailable for a period of time and wants to grant authority to another person over their child. It can be used to authorize the person to obtain medical treatment for a child or sign up a child for an activity or for other significant decisions.
Can a inmates sign over power of attorney to parents for health of his kids?
There are a couple of forms a parent can complete for this. There is a Child Medical Care Authorization Form or a Child Care Limited Power of Attorney (includes medical). A Child Care Limited Power of Attorney is a document signed and notarized by a parent giving a non-parent authority to make decisions for a minor child. It is not a court order. It is typically used by a parent who is unavailable for a period of time and wants to grant authority to another person over their child.
Can a parent give power of attorney over to someone who is not their child or relative?
I believe POA can be vested to anyone regsrdless of relationship.
If you have power of attorney over a baby can you sign that power over to someone else?
No. Generally, a parent executes a power of attorney in order to give another adult the authority to make decisions for their child for only a short period such as when the child will be in the care of someone else as during a vacation. The person to whom the parent has given that power of attorney cannot assign it to someone else. The reason is that the person to whom the power of attorney was given does not have the right to give someone else authority over the child. That right is the exclusive right of the parent. For any extended period a temporary guardianship would be necessary and that must be done through the court system. You should always consult an attorney regarding such important legal matters.
Who has the power to over ride power of attorney?
A POA expires when the principal dies. They have no power over the estate or the beneficiary.
What rights do you have over your parents as of age 14?
Children do not gain rights over their parents at any age, unless the parent has declared them able to inherit at a certain age or places them with power of attorney.
When a person has power of attorney are they supposed to follow all wishes of the deceased?
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.
