How do I go about obtaining a Power Of Attorney?

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How do I go about obtaining a Power Of Attorney?

My partner of 18 years just had a stroke and I’m going to need P.O.A. to get our financial things straight. I’ve already printed out some free P.O.A. papers, but I’m not sure what to do with them.

Asked on May 19, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  Here are my legal concerns about the situation: depending on the severity of the stroke and the status of your partner, it may be too late to have him or her execute a Power of Attorney Form.  What is his or her mental status?  Is he or she competent mentally to sign the Power of Attorney?  If he or she is, then you are fine.  But I fear for you with the family of your partner  if he or she is not.  Then you will have to apply for a conservator of your partner.  If he or she is able to speak and understand then he or she can sign it without question.  Good luck to you. 


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