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The party wishing to hold POA must petition the court for a competency hearing to determine if the elderly couple need someone to handle their affairs. This is not a simple nor unemotional action and should not be entered into unless their is substantiated proof that the persons in question are not mentally competent enough to make good decisions concerning their financial and physical well-being. The best option is to discuss the matter with a qualified individual (family physician, minister, social worker, etc.) for further guidance before becoming involved in any litigation.

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Q: What should you do if elderly parents refuse to assign power of attorney?
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