Can a person get power of attorney without the siblings signing the form if parent has alz and cant make a choice

Asked over 1 year ago - Quinton, AL

with the death of another parents death after the face the alz parent doesn;t know anything much are at all what can i do

Attorney answers (4)

  1. Michael A Kirtland

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . From your description it appears your mother lacks capacity to sign a power of attorney. A person cannot "get" power of attorney over another person. Only a compentent adult can grant power of attorney to someone else. It appears you may need to seek guardianship and conservatorship to accomplish your purpose. You will need to seek assistance from an elder law attorney.

  2. Jason Paul McCartha

    Contributor Level 1

    2

    Lawyers agree

    Answered . The short answer is your parent must be competent to grant someone power of attorney to act on their behalf according to the terms of the power of attorney. If they were not competent then technically the power of attorney is void, but you may need to prove that they were/are not competent for it to be voided. Probably the best way to "prove" they are not competent and to obtain the best protection for the parent is to pursue a guardianship and/or conservatorship through the probate court in the county in which they reside. However, guardianship and/or conservatorship proceedings can be both difficult and sometimes contentious; therefore, you need to prepare yourself accordingly.

  3. Charles Adam Shultz

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . Siblings cant sign a form to get power of attorney over a parent. Only the parent can grant power of attorney. If they dont have capacity, they cant grant power of attorney. You should consult and elder law attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  4. Kelly Scott Davis

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Attorney Shultz is correct. There is nothing your siblings can sign to legally give themselves power of attorney for your parents. If the situation is bad enough and you suspect they are abusing your parent, contact Adult Protective Services.

Related Topics

Guardianship and child custody

A guardianship is a legal arrangement for who will have custody and be responsible for the care of child, or "ward." The guardian acts in the child's interests.

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