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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?

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.

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Attorney answers 2

Posted

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has capacity, once the form is signed, the attorney should provide notice to the former agent that the prior power has been revoked.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. ***************************************** 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!

Posted

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

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