How do you get power of attorney for a loved one? 25 Answers as of July 19, 2013

Father is in the hospital and can't speak for himself.

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Law Office of Pamela Braynon | Pamela Y. Braynon
If you are his next of kin, it is likely the hospital will look to you to make the decisions for him. (This is a good time to get this done for yourself now in case something like this happens to you.)
Answer Applies to: Florida
Replied: 7/19/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
If he is mentally competent then he may execute a power of attorney. If not, you will need to consider filing for guardianship.
Answer Applies to: Nevada
Replied: 7/19/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
In Missouri, your father will have to sign the documents in front of a notary public. If it is a durable power of attorney for health care, you will also need two witnesses. You should have an attorney draft the documents.
Answer Applies to: Missouri
Replied: 7/16/2013
The Curran Law Firm
The Curran Law Firm | Maura Curran
You pose a difficult situation. If your father is incompetent, you cannot get a POA. You will need to start a probate matter to be his guardian. If he is competent, you can get the POA and should hire an attorney in order to assist you obtain a legal POA.
Answer Applies to: Florida
Replied: 7/16/2013
Law Office of Edward M. Burgh, APC | Edward M. Burgh
He has to have capacity. Other than that, if he does, you need to have his signature on the POA appointing you.
Answer Applies to: California
Replied: 7/19/2013
    Frederick & Frederick PLC | James P Frederick
    The only way you get POA for someone is if they give it to you. It is not clear if your father has capacity to do that, at this point. If he does not, you would need to seek probate appointment of a guardian and conservator for him. You should involve and attorney, either way.
    Answer Applies to: Michigan
    Replied: 7/16/2013
    Law Offices of Frances Headley | Frances Headley
    If father remains competent but just can not speak, then you can have him sign a power of attorney. If not, then a conservatorship is your only alternative.
    Answer Applies to: California
    Replied: 7/16/2013
    Hinds Law Firm
    Hinds Law Firm | Collin M. Hinds
    It sounds like you might have to go through a court procedure called a guardianship. If dad is competent enough to sign a power of attorney, he can do that, which would save a lot of time and money.
    Answer Applies to: Oklahoma
    Replied: 7/16/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    You may be too late. If he cannot speak for himself then you may have to have someone appointed by the court.
    Answer Applies to: Georgia
    Replied: 7/15/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    The loved one, if sound of mind, can sign a POA designating you as his/her attorney-in-fact, thereby giving you authority to exercise his/her legal rights. Common usage in Florida and elsewhere.
    Answer Applies to: Florida
    Replied: 7/15/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Father has to sign the power of attorney document. You may also need to consider having him execute an Advance Directive, to give you authority over medical decisions. If he does not have capacity to sign at all, then you will need to consider guardianship and/or conservatorship.
    Answer Applies to: Oregon
    Replied: 7/15/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Most hospitals have a social worker who can help you with this.
    Answer Applies to: Nebraska
    Replied: 7/19/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You need a power of attorney appointment document and your father must sign it while he is legally competent with witnesses and possibly a notary depending on the type of property he owns.
    Answer Applies to: Oregon
    Replied: 7/16/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Too late from him but you could file a petition for conservatorship of the father to obtain the power you are seeking of his person or estate or both.
    Answer Applies to: California
    Replied: 7/19/2013
    Gates' Law, PLLC | Thomas E. Gates
    Your father would have to authorize Power of Attorney for an individual. He must do so knowingly and intelligently. If he is unable to do so, you can petition the court to be appointed his guardian.
    Answer Applies to: Washington
    Replied: 7/19/2013
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    If he can't speak for himself it's too late to get a POA. He must be competent in order to sign a POA and it sounds as if he isn't. The only thing you can do is to get a guardian appointed by the court. Depending on what you need to be able do for him, that may or may not be advisable.
    Answer Applies to: Utah
    Replied: 7/19/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    If he is already incapacitated, then it is too late because he can no longer sign and create a Power of Attorney.
    Answer Applies to: Colorado
    Replied: 7/15/2013
    Attorney At Law | James G. Maguire
    To be effective, a power of attorney has to be signed in front of a notary and two witnesses, assuming that the person is mentally competent to grant a power of attorney.
    Answer Applies to: Louisiana
    Replied: 7/15/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Ask your father's doctor whether he has the capacity to understand and sign a legal document. You may wish to have the hospital's ombudsman available on behalf of your father. Your father is the one that gives his power of attorney to another, if he has the mental capacity to do so.
    Answer Applies to: California
    Replied: 7/19/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It's too late now. Now you need to be appointed guardian and conservator.
    Answer Applies to: Idaho
    Replied: 7/19/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    You can go to an estate planning or any other attorney who can draw that up for you. Your father must have the required capacity to be able to sign such a document. If he does not, you may have to apply for a guardianship for him with the county probate court.
    Answer Applies to: Ohio
    Replied: 7/16/2013
    Law Offices of George H. Shers | George H. Shers
    If you mean that a he is not mentally competent then it is too late to get a POA as that can only be given while the person is mentally sound enough to know what they are doing. You will need to go through the court process of getting a guardian or conservatorship appointed. If all you mean is that he can not speak, then there is nothing to prevent him from writing out the power.
    Answer Applies to: California
    Replied: 7/19/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    Your father would have to give you the power, you cannot initiate it. If he is not competent or not able, you may have to petition Court for guardianship of his person and/or property.
    Answer Applies to: Delaware
    Replied: 7/19/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    If you father is now not competent, he will not be able to execute a power of attorney.
    Answer Applies to: Michigan
    Replied: 7/15/2013
    James Law Group
    James Law Group | Christine James
    If he cannot speak for himself and lacks legal capacity to sign a POA, you must go to court and get a conservatorship. If he has legal capacity, he needs to hire an attorney and have an ombudsmen speak with him to help insure the POA does not get challenged.
    Answer Applies to: California
    Replied: 7/19/2013
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