QUESTION

I need a power of attorney document for my special needs adult son

Asked on Jun 21st, 2021 on Guardianship and Conservatorship - Texas
More details to this question:
I need a power of attorney for my special needs son that is dealing mental issues. He is currently an adult and he needs medical assistance he has being in out of mental institutes.
Report Abuse

1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Your son may have capacity to sign a Medical Power of Attorney appointing you his agent to speak for him when he is unable to communicate and a HIPAA Medical Information Release Authorization allowing you to access his records but he may also, between episodes, want to sign a Declaration for Mental Health Treatment stating what he does and does not want and directing people to contact you and perhaps other family members and his regular physician(s) if he is again hosipitalized.  When he lacks the legal capacity to sign these, you may need to apply for guardianship.  However, in part because people with a mental illness may present better at the hearing than when the application for guardianship is filed, it can be very difficult to protect someone with a mental illness by putting them under guardianship.
Answered on Jun 22nd, 2021 at 5:10 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters