How do I obtain POA for a parent who is incapacitated?

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How do I obtain POA for a parent who is incapacitated?

Asked on January 13, 2016 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he is not mentally competent and/or cannot communicate, you can't get a power of attorney from him, because someone who is not mentally competent cannot grant a POA (and if he's competent but can't communicate, he can't make his wishes or agreement to the POA known). Rather, you may need to seek a court order appointing someone his legal guardian. Speak to a health care or elder law attorney about doing this.


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