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How does father get power of attorney over his kids that are mentally disabled?
Wiki User
∙ 8y ago
The father must submit a petition to the probate court to be appointed the legal guardian.
Wiki User
∙ 7y ago
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Can a disabled person get power of attorney over a parent?
If they are mentally competent, yes. Their disability does not disqualify them.
The process to get a power of attorney in Hennepin County MN for a couple that is mentally disabled?
Petition the probate court in that county. The court will grant a conservator or trustee right.
Can you get power of attorney for your mentally disabled brother for the sale of mineral rights you have inherited if he is being cared for by the state of ca and you assume they have conservaturship?
No. Only a competent person can execute a power of attorney, so (by definition) a mentally disabled person cannot execute a valid power of attorney. What would be necessary is the court appointment of a guardian for the brother. Of course, any proceeds from the sale of the brother's property would go first to repay the State of California for his care and the rest would be set aside to pay for his future care.
How do you obtain a Power Of Attorney for mentally disabled parent in Arizona with very limited funds?
To make a valid power of attorney document, your mother would need the mental ability to fully understand what the document is and what it does -- and to consent to giving you power of attorney. If she's already mentally incapacitated, it's too late for her to agree to allow you to handle her affairs. But there is another way to get this authority. You can go to court and ask a judge to appoint you as your mother's conservator.
Can a mildly mentally disabled person make her own decisions like where and with whom she wants to live even if her power of attorney says no?
no, if the person cannot be stable with thereself or there family they cannot be stable to make decisions on there own
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.
How can you find out if your sister has power of attorney over your disabled sister?
Ask one of them. Other than that there is no other researchable way. Such documents are not generally required to be filed with the public records unless there is real estate involved. In that case a copy of the power of attorney would be recorded in the land records with any transaction that affects the real estate. On the other hand, if your sister is mentally disabled she may not be legally capable of executing a valid power of attorney. If that is the case a legal guardian would require appointment by the probate court and you should discuss the situation with an attorney who specializes in family law and probate.
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.
How can you get power attorney from incompetent father?
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.
If a power of attorney was executed for an elderly step-father does a biological daughter have rights to revoke it and become the power of attorney?
Daughter does not have the power to revoke her father's Power of Attorney unless she has become his legal guardian. She does not have the authority to make herself the attorney-in-fact. However, father has the right to change his attorney-in-fact if he wants to and as long as he has the legal capacity to do so. Perhaps you should consult with an attorney who specializes in elder law if you are concerned.
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
