How do I get POA over my Uncle who will be moving here to NC from SC and has Alzheimer's and cannot make legal decisions?

Asked almost 2 years ago - Lenoir, NC

His ex sister in-law already has POA over him in SC. We are wanting to place him in a nursing home near family.

Attorney answers (2)

  1. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . The only way you can get POA is if your uncle gives it to you. He can only do this if he has sufficient mental capacity to execute the form. Whether he does or not is something you should have an attorney help you determine. If he has capacity, once the form is signed, the attorney should provide notice to the former agent that the prior power has been revoked. Notice should also be sent to anyone having the prior document.

    If he lacks sufficient capacity, then your only recourse is to go to the probate court and seek appointment as his guardian and conservator. You will need an attorney for that process, as well.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. Gregory J. Brewer


    Contributor Level 14

    Answered . You cannot do so. Instead, you will have to file for guardianship at the clerk's office.

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