Is there any way that an individual can have the power of attorney without filling out the proper forms when in fact one of their parent are not mentally stable??? (for example: a father is dying of cancer, and is near his death, he wants to die at home and does not want to go to a hospital. Can the daughter, 37 yrs, have the power of attorney without the proper forms???)
How does it apply to Manitoba???
2007-05-03 12:34:59 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I need to know as soon as possible.
2007-05-03 12:35:53 · update #1
The father is dying and does not have long (2 days at least) and I believe hospital can help him.
2007-05-03 12:49:20 · update #2
There are two choices:
(1) The father can sign the legally required forms: or
(2) Members of the family can have him adjudicated an "incapacitated person." An adjudication of incapacity is basically the same as having him adjudicated incompetent.
Take your choice. The easiest way is to have him sign properly prepared documents.
Here is a link to the Manitoba Powers of Attorney Act, C.C.S.M. c. P97, : http://web2.gov.mb.ca/laws/statutes/ccsm/p097e.php
You may want to review it with your family and a legal advisor. Only a person who is competent can appoint an attorney-in-fact under a power of attorney.
2007-05-03 13:26:43 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
I don't know how it applies in Manitoba, but in the U.S., the answer is no. A power of attorney can only be given by the person over whom the power will be exerted. However, a power of attorney becomes ineffective upon a person's incapacity, so what you really need is a durable power of attorney because that is what survives incapacitation. Since your parent is already mentally incapacitated, you will need a court order to get a durable power of attorney. Manitoba is likely the same.
2007-05-03 12:40:42 · answer #2 · answered by rae 2 · 0⤊ 0⤋
Power of attorney means that the holder of the power can represent the person in legal matters, make medical decisions, and other important item or actions. Even if the person is 18, the person with the power of attorney can act for the adult, make medical decisions and financial matters.
2016-05-19 23:19:58 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Only your father can grant you power of attorney for your father. I he is not mentally competent, he can't sign a legally binding document. You can petition the court to rule he is not mentally competent and appoint you as his guardian. That basically give you the same authority as if he were your minor child.
Note: If he IS competent, be sure he signs a power of attorney for health care, not a financial power of attorney.
2007-05-03 13:22:07 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
You need the proper forms. You can't just claim to have power of attorney over someone.
2007-05-03 12:43:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You could have a typed or written note stating that The daughter is given Power of Attorney and have it notarized that way it becomes a legal document.
2007-05-03 12:51:11 · answer #6 · answered by .:AMIZZLE:. 3 · 0⤊ 0⤋
If you have them hand write something that says you are Power of Attorney, it has to be respected in court. Same thing with wills.
They do this because most of this legal stuff has to be approved by an attorney, and some can't afford one. So, if it's signed and dated, they can use that in court.
2007-05-03 12:39:23 · answer #7 · answered by Jeremiah 5 · 0⤊ 1⤋
no, you need a court order to do so.
I suggest you consult a lawyer about power of attorney due to competency.
The law should be about the same in Manitoba as compared to where i am in Ontario
2007-05-03 12:38:03 · answer #8 · answered by D.W.W. 4 · 0⤊ 0⤋
He needs to give her Power of Attorney. She can't just assume the role.
2007-05-03 12:37:44 · answer #9 · answered by jshepard17 5 · 0⤊ 0⤋
If you are serious why in the Hell are you on answers and not at an attorney's office?
2007-05-03 12:38:25 · answer #10 · answered by Anonymous · 1⤊ 2⤋