How to obtain power of attorney for a parent with dementia in the state of Mississippi

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How to obtain power of attorney for a parent with dementia in the state of Mississippi

90 year old parent has
dementia living with son

Asked on April 9, 2018 under Estate Planning, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the parent already has dementia and is mentally incompetent, you can't get a power of attorney from them: only mentally competent people can create or grant powers of attorney. Instead, you would need to bring a legal action in family court to have them declared incompetent, based on medical evidence (e.g. testimony of doctors who have examined or treated the parent) and have yourself appointed their legal guardian, with power over their affairs and finances. Consult with an elder law attorney if you want to explore this option.


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