How does one become power of attorney for a family member who is not in the position to speak for themself?
Wednesday, February 3rd, 2010 at
7:15 am
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Only by court order.
you’d have to petition the court, and frankly the state would probably be appointed guardian for awhile until the court process could work. You DEFINITELY need to see an attorney who practices family law.
There is generally paperwork availiable from the civil court that the cover this. In order to get the power of attornety without a court hearing, the person over whom the power is to be asserted must sign.
Can’t speak because they’ve lost their voice, or is incapable of making their own decisions? If you mean the former, they just write out a power of attorney and sign it. If you mean the latter, you can’t.
A power of attorney can be granted only by a person who is in a fit state to act for himself, but chooses to delegate that authority to someone else.
What you need is a conservatorship or guardianship. (Just like Britany Spears father just got over her). You have to go to court and have the court rule that the person is incompetent to handle their own affairs, and have you named as the Conservator. (Called Guardian in some jurisdictions)
Richard
Its a legal prosses that must be done thru a lawer.
It means that in terms of money in the bank you would have control (POA) ie you, but the money would still belong to family member (or doner) as they are called.
First step go see a lawer.