2006-12-03 13:21:32 · 4 answers · asked by david c 1 in Politics & Government ➔ Law & Ethics
You, with an attorney, would have to petition probate court for guardianship. The court would gather evidence to determine if guardianship is needed and who would be the best guardian to appoint. They would, of course, be looking to appoint the person they feel would have the best interests of the person at heart.
2006-12-03 15:01:21 · answer #1 · answered by Judith 6 · 0⤊ 0⤋
No, you can't. A power of attorney can only be made by a competent person. If the person is not competent, you have to get guardianship/guardianship of the person and/or estate or conservatorship of the person or person and/or estate (the terminology has gotten very mixed up in different states). That is subject to challenge.
If the loved one executed a durable power of attorney, which was made when competent, and the loved one is no longer competent, anyone can challenge the actions of the "attorney in fact" in court.
2006-12-03 13:43:43 · answer #2 · answered by thylawyer 7 · 0⤊ 0⤋
if they have dementia, someone needs to be appointed guardian, not just power of attorney.
A POA is able to sign for, but not there to make all the decissions for another perosn, that is what a guardian does.
2006-12-03 14:25:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can try but you'd need a lawyer.
2006-12-03 13:24:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋