Full question:
How to get a power of attorney for my father who is already incompetent?
- Category: Power of Attorney
- Date:
- State: Ohio
Answer:
A power of attorney allows one person to act on behalf of another. However, to create a power of attorney, the person granting it must be mentally and legally competent. If your father has been declared mentally incompetent by a court, he cannot appoint an agent, and any such appointment would be voidable.
In this situation, you may need to consider seeking a guardianship or conservatorship for your father. This legal arrangement involves a competent adult (the guardian) making decisions for someone who can no longer make responsible choices (the ward). A court appoints the guardian, who can make legal, financial, and healthcare decisions for your father. The guardian is required to report to the court regularly and can be removed if they fail to fulfill their duties or violate guardianship laws.
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.