I need a power of attorney for my father.

UPDATED: Oct 1, 2022

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I need a power of attorney for my father.

He has dementia and is currently in a
rehab facility after having surgery. I need
to sign important papers in his behalf.

Asked on March 13, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't get a power of attorney from someone who is no longer mentally competent (e.g. dementia), because only a mentally competent person can grant such a power or sign any legal documents. If you father is now mentally impaired, you would have to bring a legal action to have him formally declared incompetent by the court and yourself appointed his legal guardian (which will give you power over his affairs and the power to sign for him). This is not a procedurally simple kind of action; you are strongly advised to consult with an elder law attorney, who can help you. Good luck.

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.

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