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How do i declare my mother mentally incompetent and get power of attorney over her? law answers (135940)

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Q: 

My mother is mentally ill, but refuses to get help. Can we, her children, get power of attorney in order to make the decision for her? Please help.

A:  The answer to your question is yes. However, you will need to obtain the services of a private attorney who has experience in family law matters. You can search through the law Guru web site; call the NM Bar Association; Call the Albuquerque Bar Association; ask friends and family who they have used as a family lawyer or so searching through the internet or yellow pages for your town. You have to understand that if she is refusing help that is somewhat indicative that she has some of her faculties. So, you may get an order from the court but it may not be exactly what you are asking for today. Sit down with a family lawyer and explore your options; explore her...

Q: 

How can I get a power of attorney if my mother is mentally incapacitated?

A:  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 (called a guardian in some states). Start with the clerk''s office at the county probate court; they can most likely give you information on how to initiate conservatorship proceedings. For...

Q: 

My brother has been found incompetent by the courts. He was in an alteration with the police and incarcerated for 15 months. I had to press the issue that he gets a 100% disability from the military for mental incapacitation. The court finally agreed this is the case. He is in a state home now. He gets plenty of pension money to be taken care of. The state should not have to foot this bill. How do I go about getting power of attorney over him. He has expressed he would like me to be involved in the decision of the home he is in and taking care of his financial needs. The state home of course does not want any part of this. What do I do? Can I petition the court to give me the right to make his decisions and pay for his care from his own personal account. We tried to put my name on his existing account but he does not have a valid picture ID that is not expired. So his bank would not allow my name to go on without proof that it is him

A:  Only a mentally competent individual may execute a power of attorney form naming an attorney-in-fact for his financial affairs. Once an individual is incompetent, then the only route for legally taking charge of that person''s assets is petitioning the court to be named the conservator of the incompetent individual''s estate. Usually, a petition to become conservator is coupled with a petition to be named guardian as well. The guardian takes charge of the incompetent''s physical person for such matters as health care, arranging housing et cetera. Link to additional information....

Q: 

How do you change a power of attorney for your mother who is mentally ill?

A:  Changes cannot be made to a power of attorney after the principal has become mentally ill. A General POA expires at that time. A Durable POA is valid even after the principal has become incapacitated. If the existing POA isn''t durable, you need to petition the court to be appointed her guardian. You need to consult with an attorney who can review the situation and explain your options. Call around. Most professionals will give you a low or no cost initial consultation. Get some attorney recommendations from folks you know. If you have family who have interests, include them in the decision making if possible. They will be given legal notice if you petition to be...

Q: 

How can you attain a power of attorney if your mother is mentally ill?

A:  You cannot ''obtain'' a power of attorney. A ''POA'' can only be granted by the individual who is voluntarily granting that power and who has legal capacity. You CAN obtain a court ordered ''guardianship'' over someone who you believe to be mentally/physically incapable of taking care of themselves or their obligations. You must petition the court and a hearing will be held to determine if the person is, or is not, legally competent. You must show the court good reason (probably including medical/psychiatric testimony) as to why it should order that person''s individual rights taken away and given to you....

Q: 

My mother has Alseimers disease and we need to start selling her house to cover some of her medical costs. How do I go about getting power of attorney?

A:  You may be too late.There are three ways A may be authorized to deal with B''s assets.The hardest, most expensive way, is for B to be declared incompetent and A appointed her guardian, by a court action. Even where B cooperates, recognizing the need, this can be expensive.The best way is a trust, in which B transfers her assets to A as trustee, setting out the terms of the trust for A to deal with the assets.The third is a power of attorney, signed by B, authorizing A to deal with B''s assets. This lets third parties off the hook for taking A''s direction. Traditionally, a power of attorney ceased when B became

Q: 

My mom is 72 and is starting to lose her mental faculties to the point that I feel she needs supervision over her finances and such. In Missouri, how would I go about getting power of attorney?

A:  I''m sorry to hear that your mom is having difficulties and wish her and you the best. This issue comes up daily for thousands of people who are faced with the reality of having to be a greater influence in their parents lives for the reason you stated. The fact that you recognized this situation is a good first step, and now it is up to you and others in your family to meet with your mom and have the difficult discussion. My guess is your Mom is also looking for help as my Mom did. Once everyone agrees, and your Mom as well, that she needsd supervision, get a power of attorney from a lawyer in your local community. with this, your Mom can go ahead and live a normal life, but if you see that changes need to be, you...

Q: 

My sister is in a nursing home . My mother and father are both deceased.How can i go about getting power Of attorney.Is it as simple as filing a form? I want to put her in a better nursing home she does not have a will .

A:  If she is fully mentally functional have her sign power of attorney over to you otherwise a lawyer or doctor will have to declare her incompetant before you can procede....

Q: 

How do I get a power of attorney for my father who is already incompetent?

A:  A power of attorney is an instrument containing an authorization for one to act as the agent of the principal that terminates at some point in the future either by its terms or by operation of law such as death of the principal or agent. However, a person appointing an agent must be mentally and legally competent to appoint an agent. Otherwise, the appointment is voidable. Someone who had been declared NCM (i.e., mentally incompetent) by a Court cannot appoint an agent. You might consider having a guardian or conservator appointed on behalf of your father. A guardianship or conservatorship is a legal relationship...

Q: 

How to get a power of attorney for my father who is already incompetent?

A:  A power of attorney is an instrument containing an authorization for one to act as the agent of the principal that terminates at some point in the future either by its terms or by operation of law such as death of the principal or agent. However, a person appointing an agent must be mentally and legally competent to appoint an agent. Otherwise, the appointment is voidable. Someone who had been declared NCM (i.e., mentally incompetent) by a Court cannot appoint an agent. You might consider having a guardian or conservator appointed on behalf of your father.A guardianship or conservatorship is a legal relationship...