How to obtain power of attorney for a parent with dementia in the state of Mississippi

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to obtain power of attorney for a parent with dementia in the state of Mississippi

90 year old parent has
dementia living with son

Asked on April 9, 2018 under Estate Planning, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the parent already has dementia and is mentally incompetent, you can't get a power of attorney from them: only mentally competent people can create or grant powers of attorney. Instead, you would need to bring a legal action in family court to have them declared incompetent, based on medical evidence (e.g. testimony of doctors who have examined or treated the parent) and have yourself appointed their legal guardian, with power over their affairs and finances. Consult with an elder law attorney if you want to explore this option.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption