I need to know how to find out how to petition the court for Power of attorney of a family member?
Friday, March 12th, 2010 at
7:38 pm
He is hospitalized at the moment, (Baker Acted) , and I have found that online pharmacy prescription he is on the verge of losing everything he owns.
What you need is a conservatorship or guardianship. 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)
You should contact a local attorney on this. If that is not an option financially then the courts would have the paperwork you need.
What the person below me does not understand is that the baker act is a mental hospitalization. Therefore this person cannot legally give you power of attorney. Also the baker act is only good for 72 hours, after that it becomes a straight mental hospitalization so once again they cannot give consent.
You don’t petition the court for a power of attorney; if he is still mentally competent, you just have an attorney draw it up and he signs it. If he is not mentally competent, then you will have to go to court and petition to be appointed his guardian or conservator, whatever they call it where you live. Again, you’ll need an attorney’s help.