If I'm trying to attain power of attorney over someone, do they need to be there?
If you're trying to become someones power of attorney does that person need to be there?
Expert Answer
First, bear in mind that a person must make and finalize any power of attorney that would name an agent to act for him or her; it is not up to the agent.
To make a power of attorney, a person would need to be of sound mind and to complete the required paperworkâ€"?and usually sign, date and have the document witnessed before it would become final. A person can do this without the agent being present, although it is a good idea to give the agent a copy of the power of attorney document.
If a person lacks the mental capacity to make and finalize a power of attorney naming another person to act for him or her, then the only available option may be to look into becoming a legal guardian or conservator for that person.