QUESTION
How do you get power of attorney for a loved one?
Asked on Jul 13th, 2013 on Estate Planning - Colorado
20 ANSWERS
Most hospitals have a social worker who can help you with this.
Answered on Jul 19th, 2013 at 5:27 AM
Thomas Edward Gates
Your father would have to authorize Power of Attorney for an individual. He must do so knowingly and intelligently. If he is unable to do so, you can petition the court to be appointed his guardian.
Answered on Jul 19th, 2013 at 5:27 AM
3 Awards
If he is mentally competent then he may execute a power of attorney. If not, you will need to consider filing for guardianship.
Answered on Jul 19th, 2013 at 5:27 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Too late from him but you could file a petition for conservatorship of the father to obtain the power you are seeking of his person or estate or both.
Answered on Jul 19th, 2013 at 5:27 AM
If you mean that a he is not mentally competent then it is too late to get a POA as that can only be given while the person is mentally sound enough to know what they are doing. You will need to go through the court process of getting a guardian or conservatorship appointed. If all you mean is that he can not speak, then there is nothing to prevent him from writing out the power.
Answered on Jul 19th, 2013 at 5:26 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It's too late now. Now you need to be appointed guardian and conservator.
Answered on Jul 19th, 2013 at 5:26 AM
2 Awards
If he cannot speak for himself and lacks legal capacity to sign a POA, you must go to court and get a conservatorship. If he has legal capacity, he needs to hire an attorney and have an ombudsmen speak with him to help insure the POA does not get challenged.
Answered on Jul 19th, 2013 at 5:25 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Your father would have to give you the power, you cannot initiate it. If he is not competent or not able, you may have to petition Court for guardianship of his person and/or property.
Answered on Jul 19th, 2013 at 5:25 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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In Missouri, your father will have to sign the documents in front of a notary public. If it is a durable power of attorney for health care, you will also need two witnesses. You should have an attorney draft the documents.
Answered on Jul 16th, 2013 at 10:21 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The only way you get POA for someone is if they give it to you. It is not clear if your father has capacity to do that, at this point. If he does not, you would need to seek probate appointment of a guardian and conservator for him. You should involve and attorney, either way.
Answered on Jul 16th, 2013 at 12:55 AM
You pose a difficult situation. If your father is incompetent, you cannot get a POA. You will need to start a probate matter to be his guardian. If he is competent, you can get the POA and should hire an attorney in order to assist you obtain a legal POA.
Answered on Jul 16th, 2013 at 12:55 AM
If father remains competent but just can not speak, then you can have him sign a power of attorney. If not, then a conservatorship is your only alternative.
Answered on Jul 16th, 2013 at 12:55 AM
It sounds like you might have to go through a court procedure called a guardianship. If dad is competent enough to sign a power of attorney, he can do that, which would save a lot of time and money.
Answered on Jul 16th, 2013 at 12:54 AM
You need a power of attorney appointment document and your father must sign it while he is legally competent with witnesses and possibly a notary depending on the type of property he owns.
Answered on Jul 16th, 2013 at 12:54 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You can go to an estate planning or any other attorney who can draw that up for you. Your father must have the required capacity to be able to sign such a document. If he does not, you may have to apply for a guardianship for him with the county probate court.
Answered on Jul 16th, 2013 at 12:53 AM
Sanford M. Martin
The loved one, if sound of mind, can sign a POA designating you as his/her attorney-in-fact, thereby giving you authority to exercise his/her legal rights. Common usage in Florida and elsewhere.
Answered on Jul 15th, 2013 at 1:39 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Father has to sign the power of attorney document. You may also need to consider having him execute an Advance Directive, to give you authority over medical decisions. If he does not have capacity to sign at all, then you will need to consider guardianship and/or conservatorship.
Answered on Jul 15th, 2013 at 12:56 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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To be effective, a power of attorney has to be signed in front of a notary and two witnesses, assuming that the person is mentally competent to grant a power of attorney.
Answered on Jul 15th, 2013 at 12:43 PM
If he is already incapacitated, then it is too late because he can no longer sign and create a Power of Attorney.
Answered on Jul 15th, 2013 at 12:29 PM
If you father is now not competent, he will not be able to execute a power of attorney.
Answered on Jul 15th, 2013 at 12:29 PM