I need to gain power of attorney for my father who has been deemed incompetent he can no longer live by himself and need's 24 hour around the clock. I am his daughter Mary L. who needs to have this done.
A person who has been deemed incompetent cannot enter into a legal contract to include a POA election. I would not recomment using an online application for Durable Power of Attorney. They are too short and do not address all the needed specifics an agent may need to do. I was my mother's Durable Power of Attorney that was drawn up by her lawyer. It was seven pages long and included every situation that I could do acting as her agent. You will not find anything like it online. If your father is indeed incompetent, then you need to petition the courts to appoint you as his POA.
Who deemed him incompetent and when? I ask because it seems the person/court deeming him legally incompetent ought to be able to help direct you in how to best care for him. I'd hope so!
POA laws vary from state to state, but as Debralee said, he can't sign a contract to appoint you POA if he's already been deemed incompetent. You can do state specific searches for "Power of Attorney laws in _______" and go from there. Make sure that whenever you do online searches you specify the state/county so you get relevant info.
There may be other options, such as guardianship. Consulting with an elder law attorney is also a good idea. If your financial situation makes that hard/impossible then look up "low income legal resources" again state/county specific. You can also get information from the National Association of Area Agencies on Aging or look up Senior Services. Anytime I've called these types of places for my own situation I always ask about other resources and usually get off of the phone with a few other places to call.
Go to LegalZoom. You can fill out the forms specific to your state on line, they'll mail you a hard copy and send you an email with a digital file so you can print it out immediately. It's not free. I think it's about $79 for a Durable Power of Attorney. They have an excellent reputation.
As to his being incompetent, here's the deal on that. I just spoke with an Elder Law attorney this week, and he explained that, even if dad has mild (or not so mild) dementia, that doesn't mean he can't execute a POA. It DOESN'T mean that he can't be present in the moment and understand exactly what he's doing. Here's the wording on a form that my mom's doctor is happy to execute for her: The form calls for the doctor's name and address, phone number and signature. It reads as follows:
"I am of the opinion that (your dad) is capable of comprehending the meaning of legal documents such as a Power of Attorney, Last Will and Testament, Living Will and Ded, and has the capacity to consent to the execution of these legal documents on his behalf."
My doctor said he'd happily execute that form. Mom has been diagnosed with mild dementia. She may not remember what day it is, nor the month, nor what she had for breakfast this morning, but she most assuredly understands "in the moment." Maybe your dad's doctor would do the same thing. If I were you, I would NOT execute the POA without talking to an attorney though.
POA laws vary from state to state, but as Debralee said, he can't sign a contract to appoint you POA if he's already been deemed incompetent. You can do state specific searches for "Power of Attorney laws in _______" and go from there. Make sure that whenever you do online searches you specify the state/county so you get relevant info.
There may be other options, such as guardianship. Consulting with an elder law attorney is also a good idea. If your financial situation makes that hard/impossible then look up "low income legal resources" again state/county specific. You can also get information from the National Association of Area Agencies on Aging or look up Senior Services. Anytime I've called these types of places for my own situation I always ask about other resources and usually get off of the phone with a few other places to call.
Hope that helps.
As to his being incompetent, here's the deal on that. I just spoke with an Elder Law attorney this week, and he explained that, even if dad has mild (or not so mild) dementia, that doesn't mean he can't execute a POA. It DOESN'T mean that he can't be present in the moment and understand exactly what he's doing. Here's the wording on a form that my mom's doctor is happy to execute for her: The form calls for the doctor's name and address, phone number and signature. It reads as follows:
"I am of the opinion that (your dad) is capable of comprehending the meaning of legal documents such as a Power of Attorney, Last Will and Testament, Living Will and Ded, and has the capacity to consent to the execution of these legal documents on his behalf."
My doctor said he'd happily execute that form. Mom has been diagnosed with mild dementia. She may not remember what day it is, nor the month, nor what she had for breakfast this morning, but she most assuredly understands "in the moment." Maybe your dad's doctor would do the same thing. If I were you, I would NOT execute the POA without talking to an attorney though.
I am not an attorney.