how can I become POA for my father ?

UPDATED: Oct 1, 2022

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how can I become POA for my father ?

My father lives in Philadelphia and I live in Baltimore, Maryland but he has been sick and his live in girlfriend is already payee to his disability benefits but if something where to happen I want to make sure things are handled before he gets worse. what can I do ? Also, he is legally married but they have not been involved in years. How could become next of kin or beneficiary to anything without them being divorced. Unless he could divorce her without consent.

Asked on June 21, 2018 under Estate Planning, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) He can make you his attorney-in-fact or agent (those are the terms for the person given power by a POA) so long as he is still mentally compentent: he just needs to have a POA drafted, then properly signed and witnessed. A local attorney can help him with that, but *he* has to choose to do it: you can't make him give you a POA against his will.
2) He can divorce her without her consent: he should speak with a family or matrimonial law attorney about doing this.
3) Until and unless he divorces her, whether they are "involved" or not, she is his spouse and has rights to his property and assets and support and will inherit from her. He should speak to the family law attorney right away, if separating legally from her is what he wants.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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