How do I a get power of attorney for my mother who has dementia?

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How do I a get power of attorney for my mother who has dementia?

Durable power of attorney?

Asked on May 23, 2017 under Estate Planning, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is not yet mentally incompetent, she can voluntarily give you a power of attorney, such as a durable POA. (You cannot force her to do this; a competent person may freely decide whether to do this or not.) If she is already incompetent, however, she cannot do this: a mentally incompetent person cannot enter into contracts or grant powers of attorney. If she is already incompetent, your recourse would be to bring a legal action in chancery court (a part or division of county court) to confirm her incompetence and have you appointed her legal guardian. You could also do this if she has not yet been found to be incompetent but you believe that she is, and she is refusing to grant you the POA--then you'd have to have her declared incompetent and have a guardian (you) appointed. If you wish to consider this option, consult with an elder law attorney.


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