What kind of PoA is required for someone that is already mentally incapacitated?

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What kind of PoA is required for someone that is already mentally incapacitated?

Person mentally incapacitated and someone has printed something from the internet
signed it and advised they hold a PoA – no signature from the person who is
incapacitated or from any witness. Location – California

Asked on July 17, 2016 under Estate Planning, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You *can't* get a power of attorney or POA from someone who is already mentally incapacitated: only a person who is mentally competent can grant a POA. Once someone is already incapacitated, any POA that supposedly draw up is invalid. Rather, what needs to be done is that a legal action has to be brought in chancery court, seeking the court appointment of a legal guardian for the incompetent person.
Furthermore, to be valid, a POA *must* be signed by the person who supposedly granted it. What you describe is therefore doubly invalid.


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