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I need to get a power of attorney on my aunt who is in a nursing home what do I do.

Collegedale, TN |

I am having to get medicaid approval and without a POA i cannot access her information.

Attorney Answers 3

Posted

If your aunt has the necessary mental capacity, she can sign a POA for you, ideally, prepared by her attorney. If your aunt does not have mental capacity, then she cannot give you a POA. You would need to then petition the probate court to become her guardian/conservator. You would need an attorney for those proceedings, 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

Mr. Frederick's answer is exactly what I would have said.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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James P. Frederick

James P. Frederick

Posted

I read your mind. ;-)

Posted

Both attorneys are correct. Only your aunt can grant power of attorney to you. She can only do so if she have the requisite contractual capacity to do so. If she lacks capacity, you will have to Petition the court to be appointed as her guardian/conservator to have access to her medical information.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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