How can I become my father's power of attorney?

Q: What federal law protects seniors?

The Older Americans Act is a key federal law that protects seniors by providing services and support, including nutrition programs and legal assistance. Additionally, the Elder Justice Act focuses on preventing elder abuse and exploitation.

Q: How to take power of attorney when one is mentally incapable?

If a person is mentally incapable, you cannot obtain power of attorney from them. Instead, you may need to petition the probate court for guardianship. This process requires evidence of the individual's incapacity and is governed by state law.

Q: What is the downside of being a power of attorney?

Being a power of attorney can involve significant responsibilities and potential liabilities. You may be held accountable for financial decisions, and if mismanaged, it could lead to legal issues or accusations of abuse. It's important to act in the principal's best interests at all times.

Q: What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions about the principal's medical care without explicit authority, cannot alter or revoke a will, and cannot engage in illegal activities on behalf of the principal. The authority is limited to what is specified in the power of attorney document.

Full question:

My aging father is an abuser of narcotics. What do I have to do to become his power of attorney? He is very uncooperative.

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

Answer:

As an adult child, you cannot force your father to grant you power of attorney. If he is incapacitated, a guardian can be appointed. To determine incapacity, satisfactory evidence is required. The probate court handles guardianship matters, and the venue is typically in the county where the person resides or has property. According to Arkansas law (Section 28-65-203), a guardian must be at least eighteen years old, a resident of the state, of sound mind, and not a convicted felon.

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

What three decisions cannot be made by a power of attorney?

A power of attorney cannot make decisions regarding the principal's medical treatment if they have not been granted that authority, cannot change a will, and cannot make decisions that are illegal or against public policy. The scope of authority is defined in the power of attorney document itself.

What federal law protects seniors?

How to take power of attorney when one is mentally incapable?

What is the downside of being a power of attorney?

What three decisions cannot be made by a legal power of attorney?

How do you prove power of attorney abuse?

Proving power of attorney abuse involves gathering evidence of misconduct, such as unauthorized transactions or failure to act in the principal’s best interest. Documentation, witness statements, and financial records can support claims. If abuse is suspected, it may be necessary to report it to authorities or seek legal action.