How do I go about getting Power of Attorney over health and finances for my father who has Alzheimer’s

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How do I go about getting Power of Attorney over health and finances for my father who has Alzheimer’s

Stage 4 Alzheimer’s
Live with father
Need to set up poa

Asked on July 30, 2017 under Estate Planning, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If despite the Alzheimer's, your father is mentally competent still, he can sign a POA for you giving you whatever power you and he feel is best. Have a lawyer draft one up and arrange to make sure it is witnessed correctly on signing, so it will be enforceable.
If the Alzheimer's means your father is already mentally incompetent, he cannot create a POA--only those who are mentally competent can do so. You'd have to file a legal action in court to have your father declared incompetent to manage his own affairs (you would need medical evidence and doctor reports and/or testimony for this) and yourself declared his legal guardian, to make decisions for you. This can be a complex legal action for a non-attorney; retain an elder law attorney to help you.


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