My father is deceased and my mother is still alive but is mentally incompetent therefore my sister has Power of Attorney can my sister take the proceeds from the sale of my mothers home?

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.

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.

How does a mentally incompetent person prepare a Last Will and Testament?

If a person is mentally incompetent, then they can't unless they have a lawyer to help them

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

How do you declare someone mentally incompetent in miss?

To declare someone mentally incompetent in Mississippi, a petition must be filed with the chancery court alleging the individual's incapacity. The court will appoint a committee of three individuals to evaluate the person's mental capacity. If the committee determines the person is incompetent, the court may appoint a guardian or conservator to make decisions on their behalf.

How do you stop your mentally challenged mother from giving someone else power of attorney even though you already have it?

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.

Can a person with bipolar own a gun?

If they have been adjudged mentally incompetent, no.

Can you declare someone mentally incompetent if they are addicted to drugs and they took an overdose?

No you cannot. Lots of people get addicted to drugs and sometimes take too much on accident or on purpose but that doesn't make them mentally incompetent.

If you become mentally incompetent without a power of attorney how can your family get to your bank accounts to pay your bills?

They should do the following: a. Prepare/Arrange for documents from a certified medical practitioner that you have become mentally incompetent b. They should take documents that show that you are the family member of the other person who wishes to access your account. Your spouse, children, parents and siblings can try that c. Take both the above documents and visit the bank and explain the situation. In most cases, the bank will let them take the money from the account which was held by the person who is declared mentally incompetent now.

Can a beneficiary receive funds from an estate when the testator has been deemed mentally incompetent and their assets are being sold?

Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.

How do you declare someone mentally incompetent in the state of Illinois?

A person in Illinois has to be declared incompetent through the court system. Bring pictures, dated notes and video, along with medical records and police reports, to present to the court when the incompetence proceedings begin. If the adult is found incompetent, a guardian will be appointed. The guardian has the power to make legal decisions for the person.

Who is disqualified from voting in Missouri?

A person mentally incompetent is disqualified from voting in Missouri.