How to get a power of attorney for someone with delirium?

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How to get a power of attorney for someone with delirium?

My dad and I were speaking about getting power of attorney before he

became incapacitated. Now he has delirium and he’s the only one who is

bringing in money. He’s in the hospital with stage 4 lung/brain cancer right

now. Since he has delirium, would they not grant me P.O.A. with his consent? And if not, who would be able to cash his checks for him? He doesn’t have a bank account. I’m 20. We have a few bills coming up that can’t be paid as I don’t

have the money and they won’t give me an extension even though I explained

the circumstances.

Asked on September 2, 2016 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can't get a power of attorney from someone with delerium or who otherwise is not mentally competent; only a mentally competent person can grant that authority. What you need to do is to bring a legal action in family court seeking to be appointed his legal guardian while he is incapacitated; because he is not competent at present, you need a court order to grant you the authority you need. Ideally, retain an attorney to help you; if you can't afford a lawyer or wish to this yourself, contact the clerk of the court for instructions.

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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