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?

UPDATED: Jul 28, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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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