How to get a power of attorney for someone with delirium?

My dad and I were speaking about getting power of attorney before he

became incapacitated. Now he has delirium and he’s the only one who is

bringing in money. He’s in the hospital with stage 4 lung/brain cancer right

now. Since he has delirium, would they not grant me P.O.A. with his consent? And if not, who would be able to cash his checks for him? He doesn’t have a bank account. I’m 20. We have a few bills coming up that can’t be paid as I don’t

have the money and they won’t give me an extension even though I explained

the circumstances.

Asked on September 2, 2016 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't get a power of attorney from someone with delerium or who otherwise is not mentally competent; only a mentally competent person can grant that authority. What you need to do is to bring a legal action in family court seeking to be appointed his legal guardian while he is incapacitated; because he is not competent at present, you need a court order to grant you the authority you need. Ideally, retain an attorney to help you; if you can't afford a lawyer or wish to this yourself, contact the clerk of the court for instructions.


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