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When someone is incapacitated, how can another person get POA for them?

1 answer | Last updated: Oct 31, 2013
Q
Aunt T asked...
My nephew was in a car accident seven months ago. He is 24 years old. He requires round the clock care. He is not able to walk, talk, or feed himself, so he is unable to sign a document for his mother to have Power of Attorney. What steps does she need to take to obtain POA?
 

Answers
A
GE Mom answered...

If your nephew is unable to communicate, it is too late to make a power of attorney, and guardianship and/or conservatorship will be needed. (Unless your state has an alternative procedure that lets family members provide health care consents for an incapacitated person.) This is a situation where you'll have to have legal assistance. (Some states have 'do it yourself' guardianship structures.) See a lawyer in the state where your nephew lives.

 

 
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