How can I get a POA health care for my father who was just diagnosed with dementia?

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How can I get a POA health care for my father who was just diagnosed with dementia?

He resides in another state.

Asked on January 6, 2014 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A power of attorney has to be voluntarily granted by a mentally competent individual: if your father is still competent, he can have one one drafted, sign it, and have it witnessed, and that will suffice. He would comply with the procedural requirements of the state he's in (it will be valid in other states), so he can speak with a trusts and estates or elder law attorney in his state to help him.

If he's competent but doesn't want to give you a POA, there's nothing you can do--it must be voluntary.

If he's not mentally competent, he can't grant a POA, though you may be able to be appointed his legal guardian; speak with an elder law attorney about this.


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