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How do I obtain a power of attorney for my mother after her stroke?

How do I obtain a power of attorney for my mother after her stroke?

Full question:

We are told that we need to get a power of attorney for my mother who had a stroke. How do I get it and why do I need it? Do I need to consult an attorney?

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

Answer:

A power of attorney allows someone to act on your mother's behalf when she cannot do so herself. It can grant broad authority or be limited to specific tasks, like managing banking transactions to pay her bills.

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 for my deceased mother?

You cannot obtain a power of attorney for a deceased person, as this authority is only valid while the individual is alive. If your mother has passed away, you may need to pursue probate proceedings to manage her estate and handle her affairs. It’s advisable to consult an attorney for guidance on the probate process.

How much does a power of attorney cost in NY?

The cost of a power of attorney in New York can vary. If you hire an attorney, fees may range from $100 to $500 or more, depending on the complexity of the document. If you choose to create one yourself using templates, the cost could be minimal, primarily for notarization. Always ensure that the document meets legal requirements.

What to do when a parent becomes incapacitated?

When a parent becomes incapacitated, it’s important to assess their needs and legal status. You may need to obtain a power of attorney if they have not already designated someone to act on their behalf. If they are unable to grant this, you might need to seek guardianship through the court. Consulting an attorney can help you navigate these options.

How do I get power of attorney if my parent is incapacitated?

If your parent is incapacitated and has not previously designated a power of attorney, you will likely need to petition the court for guardianship. This legal process involves demonstrating that your parent cannot make decisions for themselves. An attorney can assist you in preparing the necessary documents and representing you in court.

How to get power of attorney over an incapacitated person?

To obtain power of attorney over an incapacitated person, you must typically go through the court system to establish guardianship if they did not previously assign a power of attorney. This process involves filing a petition and providing evidence of their incapacity. Legal advice is recommended to ensure compliance with state laws.

What is required for power of attorney in NC?

In North Carolina, to create a valid power of attorney, the principal must be at least 18 years old and mentally competent. The document must be signed by the principal and witnessed by two people or notarized. It can grant broad or limited powers, depending on the principal's wishes. Always check for specific state requirements.

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