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How is a power of attorney obtained for an incapacitated person?

Answer:

If a person does not have the legal capacity to execute a Power of Attorney then someone must petition the court to be appointed their guardan with power to handle their affairs and property. Legal capacity is the ability to understand the nature and effect of one's acts. If a person has become too ill to handle their own affairs it is too late to execute a POA. You should consult with with an attorney who can review the situation and explain your options.

First answer by Kluss. Last edit by Kluss. Contributor trust: 692 [recommend contributor ]. Question popularity: 1 [recommend question].

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Relevant answers:

Can a person be named power of attorney for a incapacitated person?
Yes. The correct terminology is that a person is appointed as an attorney by an Enduring Power Of Attorney (now known as a Lasting Power Of Attorney). The document is prepared and signed by the Donor...
Can a person have two powers of attorney?
Yes, it is called co-powers of attorney or joint powers of attorney. It is possible to execute a joint power of attorney where you can name more than one person as your agent. You must decide if the...
Can you have one person be a power of attorney and a different person be a durable power?
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Can a person change their Power of Attorney?
If they are legally capable of doing so, yes. They would need to revoke the POA in writing and then execute a new one.