How do Iget Power of Attorney for my mother, ifshe is unwillingit to anyone?

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How do Iget Power of Attorney for my mother, ifshe is unwillingit to anyone?

She has dememtia.

Asked on December 20, 2011 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can't make someone give you a power of attorney (POA) against their will--and also, you can't get it from someone who is mentally incompetent (e.g. dementia), since that person lacks the required mental capacity. What you can do is have someone, possibly yourself, appointed by the courts as a guardian, if your mother can no longer manage her own affairs. This can be a complex undertaking; you should consult with an attorney specializing in elder law. Good luck.


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