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Can someone sign a power of attorney for my dad in the hospital?

Can someone sign a power of attorney for my dad in the hospital?

Full question:

My dad is in the hospital with liver failure. He needs to appoint a power of attorney. I have downloaded the proper forms from US Legal Forms. He cannot hold a pen to sign the form but he is able to speak his wishes. We want someone to sign for him. What are the rules? who can do it? What does the person write? The form has a portion for two witnesses to sign but not an area for a notary. I have been told that I need a notary. Can you clarify?

Category: Power of Attorney
Date: 04/07/2025
State: New Mexico

Answer:

Unfortunately, no one can sign a power of attorney for your dad if he lacks mental capacity. The principal must understand the nature and consequences of the action when signing. If he is incapacitated, he cannot sign a power of attorney or revoke one. It's important to discuss his mental capacity with his physician.

Typically, a legal document must be signed in the person's own handwriting or with their mark if they cannot write. In some cases, another person may write the name at the person's request and in their presence. Kentucky law does not specify this for powers of attorney, but it does allow a mark instead of a full signature for other legal documents.

If there are concerns about his mental capacity, you may need to petition the local probate court for guardianship or conservatorship. Regarding the notary, the form you mentioned should have appropriate notary lines, but if it does not, you may want to verify the requirements for your specific form. Users can search for state-specific legal templates at .

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 legal power of attorney?

A legal power of attorney cannot make decisions regarding the principal's own divorce, create or revoke a will, or make decisions about the principal's medical treatment if they have previously expressed their wishes in an advance directive. These limitations are in place to ensure that personal and sensitive matters remain under the principal's control, especially when they have expressed their preferences.

How do you get power of attorney when a person is incapacitated in the US?

To obtain power of attorney for someone who is incapacitated, you typically need to petition the local probate court for guardianship or conservatorship. This legal process involves demonstrating the individual's incapacity and showing that you are suitable to manage their affairs. The court will review the evidence and make a determination based on the best interests of the incapacitated person.

How to get medical power of attorney if person is incapacitated?

If a person is incapacitated, obtaining a medical power of attorney involves a court process to establish guardianship or conservatorship. You will need to file a petition with the probate court, provide evidence of the person's incapacity, and demonstrate that you are fit to make medical decisions on their behalf. The court will then appoint you as the legal representative for medical decisions.

How to get power of attorney over an incapacitated person?

To get power of attorney over an incapacitated person, you must file a petition in the probate court for guardianship. This process involves proving the person's incapacity and showing that you are qualified to manage their affairs. The court will hold a hearing to assess the evidence and decide whether to grant you authority as a guardian.

What does incapacitated mean in POA?

In the context of power of attorney (POA), 'incapacitated' refers to a person's inability to make informed decisions about their own affairs due to mental or physical conditions. This can include severe cognitive impairment, illness, or injury that affects their understanding or judgment. Determining incapacity often requires a medical evaluation.

How to get power of attorney for someone who is mentally ill?

To obtain power of attorney for someone who is mentally ill, you typically need to petition the probate court for guardianship or conservatorship. You must provide evidence of the individual's mental illness and demonstrate that they cannot make informed decisions. The court will evaluate the situation and decide whether to grant you the authority to act on their behalf.

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