Full question:
My dad needs to have power of attorney for financial reasons since my mom recently had a stroke and is unable to make decisions in regards to daily living situations. I need to know what forms he will need to get power of attorney on behalf of my mother. They are legally married. What form(s) are needed? Do they need to be notarized? Do we need to get a lawyer involved? Do we need to see a judge? My parents already have a living will, but my dad is running into problems with creditors and they will not answer his questions with out having proof that he has power of attorney of my mom.
- Category: Power of Attorney
- Date:
- State: National
Answer:
If capacity exists, a power of attorney form may be used to
manage the affairs of another, otherwise it may be necessary to file a
petition to establish a guardianship or conservatorship. A power of
attorney may be general, with broad powers, or limited, such as granting
authority to handle only specific financial matters. However, the person
granting the authority in the power of attorney (the principal) must
have capacity to understand the nature of their actions. If the
principal is incapacitated, he/she cannot legally create a power of
attorney and the court may need to establish a guardianship or
conservatorship to allow another to manage their affairs.
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.
