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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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Can You Get power Of attorney Over Someone Who Is mentally Not Capable To Manage There Affairs?

A:  You can get the power of attorney only when you are entitled to it by the person himself. However, You have to file in the Supreme Court for a committee, one who decides on financial and legal matters for someone who is not mentally capable to do so. Furthermore, you would have to prove that the person is actually not mentally capable by providing doctor''s certificates. For reference see the link below: www.cba.org...

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How do you resign from being your mother''s power of attorney?

A:  How do you resign as your mother''s power of attorney?  How do you resign as mothers power of attorney?  ...

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What are your options now that your husband is incompetent and you have no Durable Financial power Of attorney?

A:  How do you obtain power of attorney for husband who is incompetent?  ...

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How do you find out if your brother has power of attorney over your mother?

A:  How do you find who power of attorney is for your mother when your brother wont speak with you?  ...

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How do you obtain power of attorney for mentally ill family member to deal with financial decisions?

A:  You cannot ''obtain'' a power of attorney. A ''POA'' can only be granted by the individual who is voluntarily granting that power themselves, to someone else. It cannot be coerced or it becomes illegal and invalid. 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....

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How does a mother get power of attorney for her adult son who need care?

A:  If the son is legally competent he can grant a power of attorney to his mother. If the son is not legally competent then she needs to be appointed by the court as his legal guardian. She could begin by speaking with someone, an advocate if possible, at the probate and family court. If you cannot afford an attorney perhaps the court could direct you to some free legal services agency....

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My mom has alzheimers and in her will it is stated that I am to be appointed power of attorney should she become incapacited mentally of which she is. What do I need to do or get (i.e. doctors report, etc.) prior to seeing an attorney?

A:  Hi. I don''t understand your statement. A will cannot appoint a power of attorney. A will has no legal effect until death. Perhaps if your mother has a trust she has appointed you as successor trustee under her trust, but she cannot appoint you as power of attorney under her will....

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My elderly father is in a care facility. He has dementia. My mother has been signing his Pension check each month and cashing it and paying for his care. Just a couple of weeks ago, my mother had a stroke and it appears that her health is beginning to fail. In the future she may no longer be capable to do his banking. I have a power of attorney for my mom to do her banking, etc. if she is no longer able to. But my question has to do with my father...can I get a power of attorney for him if he has dementia? If not, what If my mom is incapacitated in the future and his check comes, is there any way we can cash his check and pay for his board and care? Please advise. Thank you.

A:  Your mother should not have been handling his affairs without proper legal authority. You cannot get a power of attorney from a person with dementia. You have to get appointed conservator for him....

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How to gain power of attorney? Father in hospital poor mental and physical health.Need poer of attorney for making health decissions and access to bank accounts for managing his finances.

A:  You are talking about 2 separate powers of attorney; one for health care decisions and one for financial power. The hospital may have their own form for health care decisions. It would have to be signed and notarized. However, he must have sufficient mental capacity to execute such documents. For a general poer of attorney for your father''s financial affairs, I suggest you contact a local attorney. It is not a difficult form and should not cost too much for an attorney to prepare for you....

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who has the power to act? successor trustee or power of attorney? I live in California. I have springing power of attorney for my mom, and need to transfer stock from her and her deceased husbands trust into her name. My brother is listed as successor trustee, but I have power of attorney. My mothers house has severe plumbing issues and she needs these funds for repairs. Who has he power to act?

A:  A power of attorney only gives yo the ability to act as to property controlled by your mother. If the stock has been transferred into the Trust assets, it is the Trust that owns it and not your mother. If it is a revocable trust, and she is the trustee and of sound mind, then she could transfer the assets out of the trust. If not, and the primary trustee is dead,the successor trustee contols the trust assets....