Can an incompetent person get married?

Answer 1

It depends on whether the "incompetent" individual has been ruled TOTALLY incompetent to handle their own affairs, or not. If the POA was awarded for only limited, stated purposes, no, the POA cannot object or halt it.

Answer 2

That would not be among the normal legal powers of an attorney-in-fact under a Power of Attorney. A special POA would need to be executed for the occasion.

Perhaps you are thinking of a marriage by proxy where some other person stands in for one of the parties. We used to see that type of situation in old War Movies. During the marriage ceremony an agent (based upon the special POA) stands in for one of the parties who is not physically present. You need to check your state law to determine if a marriage-by-proxy is legal.

Answer 3

As an attorney-in-fact under a Power of Attorney you have no such control over the principal. You only have tha authority to ACT on behalf of the principal. If you want power over the person you need to petition the court to be appointed the guardian. You should note that an incompetent person does not have the legal capacity to execute a valid POA. If that is the case you have no legal power to act for the principal. You should consult with an attorney.

Answer 4

If they have been declared LEGALLY incompetent by the court and have been assigned a Guardian to oversee their affairs, they cuold only be married with the permission of the Guardian.

Answer 5

No