If my wife is severly bi-polar, is it possible for her to give me power of attorney to at least force her to go to the emergency room for an evaluation?

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If my wife is severly bi-polar, is it possible for her to give me power of attorney to at least force her to go to the emergency room for an evaluation?

I’m not looking for power to commit her or anything like that. I just need the ability to force her to go to the hospital and be evaluated. The police can but will not force her during an episode unless she is deemed to be a danger to herself or others.

Asked on September 8, 2011 under Estate Planning, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your wife is severly bi-polar whether or not she can sign a valid power of attorney depends upon whether or not her treating physician deems her competent mentally to sign a power of attorney.

You need to consult with your wife's treating physician as to her competency to sign such a document and obtain a written document stating that she is competent to sign any and all legal documents. Once obtained, you need to consult with legal counsel concerning the preparation of the requested power of attorney and have a meeting with her, yourself and the attorney to go over what is needed in the power.

If she is not capable of signing a power of attorney and is a danger to herself and others per her treating physician, you may need to petition for a conservatorship for her.

Good luck.


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