QUESTION
If my mother is in a memory care unit is she competent to give a power of attorney?
Asked on Nov 23rd, 2013 on Elder Law - Iowa
More details to this question:
Mother's memory has deteriorated to the point where she must reside in a memory care unit. In Iowa, does she still have the legal capacity to grant a power of attorney or to consent to a formal guardianship/conservatorship? Who determines competency if there is a dispute among siblings?
1 ANSWER
3 Awards
A person has to be competent to sign a POA. I think if you get the opinion from her doctor in writing that she is competent to enter a contract, understand the importance of the document she is signing, no one can challenge the POA later on down the road.
Answered on Nov 23rd, 2013 at 11:36 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900