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My aunt is in a nursing home w/dimentia. How can I obtain power of attorney if she is no longer capable of giving it to me.

Baton Rouge, LA |

My aunt has been in a nursing home for 5 years. Her sister and brother refuse to offer help and will not return calls to the nursing home. She has listed me and my husband as her next of kin and emergency contact for the past 10 years, but she never gave us power of attorney. Now she is incapable of giving anyone power of attorney and I would like to be able to make decisions about what nursing home she is in and even be able to move her to Texas. Her health is failing and major decisions need to be made about her care and arrangements for after her death.How do I go about obtaining power of attorney on her behalf?

Attorney Answers 2


Best bet-see a guardianship attorney to determine if you can start a procedure to be appointed as guardian.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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If your aunt is incompetent, she can not give anyone a power of attorney. In Louisiana you will need to start a court proceeding called an Interdiction. You will need to prove she is unable to care for her self or her affairs. You need to engage the services of a Louisiana licensed attorney familiar with interdiction proceedings.

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