How can I get a POA health care for my father who was just diagnosed with dementia?

UPDATED: Jan 6, 2014

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How can I get a POA health care for my father who was just diagnosed with dementia?

He resides in another state.

Asked on January 6, 2014 under Estate Planning, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A power of attorney has to be voluntarily granted by a mentally competent individual: if your father is still competent, he can have one one drafted, sign it, and have it witnessed, and that will suffice. He would comply with the procedural requirements of the state he's in (it will be valid in other states), so he can speak with a trusts and estates or elder law attorney in his state to help him.

If he's competent but doesn't want to give you a POA, there's nothing you can do--it must be voluntary.

If he's not mentally competent, he can't grant a POA, though you may be able to be appointed his legal guardian; speak with an elder law attorney about this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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