I need a power of attorney for my father.

He has dementia and is currently in a
rehab facility after having surgery. I need
to sign important papers in his behalf.

Asked on March 13, 2018 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't get a power of attorney from someone who is no longer mentally competent (e.g. dementia), because only a mentally competent person can grant such a power or sign any legal documents. If you father is now mentally impaired, you would have to bring a legal action to have him formally declared incompetent by the court and yourself appointed his legal guardian (which will give you power over his affairs and the power to sign for him). This is not a procedurally simple kind of action; you are strongly advised to consult with an elder law attorney, who can help you. Good luck.


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