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How do you stop your mentally challenged mother from giving someone else power of attorney even though you already have it?
Wiki User
∙ 12y ago
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Because you've mentioned that your mother is "mentally challenged," it is possible that the POA you hold is no longer valid.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.
Wiki User
∙ 12y ago
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What is the meaning of 'mentally challenged'?
"Mentally challenged" is a euphemism for mentally retarded, or having a low IQ or mental disabilities this means that someone who would be mentally challenged wouldn't do as well as their classmates. when your not physically disabled (wheelchair)
Would someone with an IQ of 60 be considered mentally retarded?
Most states would consider that to be mentally challenged.
What do you mean when you say someone is mentaly challenged?
When someone is described as mentally challenged, it typically means they have intellectual disabilities that may affect their cognitive functioning, problem-solving skills, and ability to learn at the same pace as their peers. It is a term used to describe individuals with limitations in intellectual and adaptive functioning.
What are disabled children called now?
DisabledPhysically challenged (if physically disabled)Mentally challenged (if mentally challenged)SpecialOr even better:ChildrenWhy should you treat someone differently or call them any differently just because they are disabled? They are still children, disabled or not. Societies need to "label" people is getting out of hand.
Is it legal to sell alcohol to someone who is mentally challenged?
Yes. They still have the right to choose whether they wish to drink alcohol or not.
Can you be mentally challenged and not know it?
Yes, it is possible for someone to be mentally challenged and not be aware of it. Certain intellectual disabilities or developmental disorders may affect a person's cognitive abilities and their ability to understand or recognize their own limitations. In some cases, individuals may not have the awareness or insight into their condition due to their cognitive impairments.
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
What does the term special needs refer to?
Special needs is the politically correct term for someone who is mentally, emotionally, or physically challenged. In the past, hurtful people would say retarded.
Were either of Hitler's parents mentally challenged?
There is no historical evidence or consensus suggesting that either of Hitler's parents were mentally challenged. His father, Alois Hitler, was a customs officer, and his mother, Klara Hitler, was described as a gentle and caring person. However, it is important to note that without proper medical examinations or documented evidence, it is challenging to definitively assess someone's mental health from the past.
Can you leave home at the age of majority despite a mental illness?
If this person can prove they can subsist on their own then there is no reason they can't have their own freedom. Many mentally challenged people live on their own (perhaps some will have someone come in to check on them every so often and this can be done through the State Law or by the family themselves.) If the person is not severely handicapped mentally, then they should be pushed to be as independent as possible. Sometimes people have a habit of babying the mentally challenged and deciding what is best for that person. Take a look around. There are Olympics for the mentally disabled, and many other functions and some even work. If one chooses to take the time to study the mentally challenged they will realize they are a lot more capable of many things than most of us give them credit for. Marcy
How do you get a power of attorney for someone not competent?
A person who is incompetent cannot grant powers of attorney. Someone would need to petition the court to be appointed their guardian or conservator if that person needs assistance in handling their affairs. You should seek the advice of an attorney.
What are the consequences when a lawyer marries a person who is already married?
The marriage isn't valid. If it was done on purpose with full knowledge that the new spouse was already married then it is a violation of law and should be reported to the authorities. If it was an attorney who married someone who was already married they should be reported to the District Attorney in that jurisdiction.
