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newyorkhollis Asked June 2015

How do I get a POA?

All this information is about parent. what about taking a brother(mental challenge). I am his sister, his father lives with me in NC, his only living parent lives in NY(80 years old) brother is mental challenge (58)

AstridK Jun 2015
You can get a P.O.A. by either going to an attorney (if you can afford it) or by getting an attorney through legal aid in your area. If you can get legal guardianship you could go that route. Contact an attorney (or through legal aid) and ask them about both and see if they would handle it for you. With regards legal guardianship, it is much cheaper if there is no one contesting it because it would then be a simple process. If someone is contesting it, you would have to fight them for it, in which case, it would end up costing much more.

cheribob Jun 2015
Your brother has to be able to understand that he is giving another person the right to act for him in all ways. The POA would have all the rights of your brother as if the POA WAS your brother. If he cannot understand that then guardianship will probably be required.

If your brother is able to understand that then take him to an attorney (try legal aid) with person to be named as POA & have one drawn up.

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MaggieMarshall Jun 2015
You probably need guardianship rather than POA. If he is mentally challenged, he can't execute a POA. Talk to an attorney.

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