A mentally incompetent person cannot grant a POA to anyone.
The person wishing to take the responsibility for the welfare of a mentally challenged individual must petition for adult guardianship through the proper court procedure as required by the state in which the incompetent person resides.
Obtaining adult guardianship is a complicated procedure and requires representation by legal counsel for all parties involved. In such matters the court appoints an attorney for the person who is deemed to be incapable of conducting his or her personal and/or financial affairs even if the person is under the supervision of a qualified state social service agency/health care provider.
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.
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.
No, you do not need a lawyer to obtain a power of attorney in Texas.
You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.
You can obtain a special power of attorney form from your local courthouse, online legal websites, or through an attorney.
No, it is not possible to obtain power of attorney for a deceased person, as power of attorney ceases upon the death of the individual.
At the risk of stating the obvious, consult an attorney in your jurisdiction who can review your situation and determine what your options are and what the requirements are to obtain a legal guardianship. You may be able to get some advice from your doctor or/and a social worker.
Yes, a disabled person can obtain a driver's license as long as they meet the necessary requirements and can safely operate a vehicle with any necessary accommodations or modifications.
no
To obtain power of attorney in Texas, you must complete a power of attorney form, sign it in front of a notary public, and have it witnessed by two adults. The form must then be filed with the county clerk's office.
You can obtain a copy of a will from the attorney where the will was created. Usually, if you are named in a will, you will be contacted.
Yes you can obtain the power of attorney forms you need from the courthouse.