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How do I gain Power of Attorney over my grandmother who has dementia?

How do I gain Power of Attorney over my grandmother who has dementia?

Full question:

What kind of form should I use if you have a grandparent in the nursing home and she has dementia? My mother was her legal guardian but she has passed. What can I do to become power of attorney over her?

Category: Power of Attorney
Date: 04/07/2025
State: Georgia

Answer:

Please see the information and forms at the following links:

http://www.uslegalforms.com/powerofattorney/georgiapoa.htm

http://lawdigest.uslegal.com/estate-planning/power-of-attorney-overview/7331/

http://lawdigest.uslegal.com/power-of-attorney-and-health-care/general/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I get power of attorney over my mother with dementia?

To obtain power of attorney for your mother with dementia, you must complete a power of attorney form. This legal document grants you the authority to make decisions on her behalf. If your mother is unable to understand the implications of granting power of attorney, you may need to seek guardianship through the court. Consulting with an elder law attorney can help you navigate this process and ensure you follow the necessary legal steps.

How to get power of attorney over an incapacitated person?

To get power of attorney over an incapacitated person, you typically need to establish that they cannot make decisions for themselves. You will need to fill out a power of attorney form, which may require a witness or notary. If the person is deemed completely incapacitated, you may need to pursue guardianship through the court. It's advisable to consult an attorney specializing in elder law for guidance on the appropriate steps.

What happens if someone has dementia and no power of attorney?

If someone with dementia does not have a power of attorney, decisions about their care and finances may need to be made by a court-appointed guardian. This process can be time-consuming and may not align with the individual's wishes. It's important to establish a power of attorney while the person can still make informed decisions to avoid complications later.

How to get power of attorney if parent is incapacitated?

To obtain power of attorney for an incapacitated parent, you must show that they can no longer make decisions for themselves. If they are unable to sign a power of attorney form, you may need to seek guardianship through the court. This involves filing a petition and possibly undergoing a hearing. Consulting with an elder law attorney can provide clarity on the legal requirements and procedures.

Can a nursing home override a power of attorney?

A nursing home generally cannot override a valid power of attorney. However, they must ensure that the person holding the power of attorney is acting in the best interest of the individual. If there are concerns about the actions of the agent, the nursing home may seek legal advice or intervention. It's important to communicate openly with the nursing home about the power of attorney.

What legal rights does a person with dementia have?

A person with dementia retains certain legal rights, including the right to make decisions about their care and finances as long as they are deemed competent. They also have the right to privacy and to be treated with dignity. If they can no longer make informed decisions, a power of attorney or guardianship may be necessary to protect their interests. Consulting with an elder law attorney can help clarify these rights.