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

Asked over 1 year ago - Collegedale, TN

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

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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. ******... more
  2. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Charles Adam Shultz

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more

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