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My mom is 94 years old and had bad fall and is in rehabilitation facility. How can I get power of attorney form when she's unable to consent?

You go to probate court for emergency guardianship
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Reply to MACinCT
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When you say she is "unable"... does this mean because she's bedbound in a facility and it's the logistics of getting an attorney and notary there? Or has a broken hand/arm and can't sign?

In this case you can download forms from online and see if the facility has a notary on site (many do). But she needs to understand what she's signing.

Or, that she has progressive enough dementia/memory impairment so that she can't understand what she's doing?

In this case you will need to apply for emergency guardianship so ask to talk to a social worker at the facility or through APS/social services for her county.
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Reply to Geaton777
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You can't get it when the elder is no longer competent to understand completely and to assign you. You are now in the realm of needing a temporary guardianship or conservatorship.

Can you tell us please what it is you are needing this power for, and what you hope to accomplish for your elder?

If you are being contacted by social workers asking for your POA you should know there are times they can get you a temporary guardianship with a call to a judge if needed.
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Reply to AlvaDeer
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You can't. You can look into guardianship.
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Reply to JustAnon
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You will need file a petition with the court, which can be costly and time-consuming, and you will have to show proof of her incapacity.

When there is no POA, there is a protocol which the hospital will follow, and as next-of kin, they will likely seek your approval for consent to treatment and to make medical decisions for her.
They will ask a spouse first, and if no spouse, then an adult child, and if no adult child, then a sibling of the patient.
What I am saying is, you can probably get away with making decisions on her behalf without the legal POA document. Just don't sign anything that makes you financially responsible for paying her medical bills.
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Reply to CaringWifeAZ
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It might be time to get guardianship rather than POA.
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Reply to JustAnon
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You cannot get POA. It is conferred upon you by a COMPETENT person who is well aware of what they are doing. You are down to emergency temporary guardianship now and I would discuss with Social Workers at the facility. They often can do this with a phone call to a judge.
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Reply to AlvaDeer
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You can’t get a POA if you mean she isn’t lucid. If you mean she is physically unable to sign but understands and wants you to be her POA then I believe you can contact an attorney and ask them to come to the rehab and facilitate the verbal approval.

If she lacks mental capacity you will need a judgment allowing you guardianship. There are “emergency” guardianships. Normally it can take months. Either way, I believe you need an attorney.
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Reply to 97yroldmom
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