How to get power of attorney over a parent with Alzheimer’s that lives with her husband and he can’t really take care of her?
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How to get power of attorney over a parent with Alzheimer’s that lives with her husband and he can’t really take care of her?
Asked on July 28, 2011 Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your parent (mother) has alzheimer's to the point that she cannot knowingly provide you with a power of attorney, you need to file a petition with the court to appoint you as her conservator because your father cannot take care of her. Before you do this, make sure there is no power of attorney in existence signed by your mother where you might be her designated attorney in fact.
You will need to consult with your mother's primary physician to discuss whether he or she believes she is capable of signing a power of attorney knowingly making you her attorney in fact. If she is, then have her sign one.
If the doctor does not believe she is mentally capable of singing a power of attorney making you her attorney in fact, you have to file a petition to be made her conservator. If that is what is required, you should consult with an attorney practicing elder law. Good luck.
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