How can we get power of attorney over my wife's uncle when he's incapacitated and has no active identification?
My wife's uncle has had a series of strokes and is now in a care facility. No one has a power of attorney and he has no active identification, nor can he sign his name. How can we see that his bills get paid?
Expert Answer
Even though your wife’s uncle has suffered the effects of strokes, you may still be able to obtain a power of attorney for him if he has the legal capacity to order one. In the eyes of the law, this means he must understand the nature, scope and effect of the document.
The laws in all states allow another person to sign to finalize the document as long as the person for whom it is made has the required legal capacity.
If your relative has this capacity, you should be able to get the help you need from the patient representative or ombudsperson at the care facility. If not, consider using a self-help resource such as Nolo, or hiring an attorney for this very limited purpose."¨"¨
If he lacks this mental capacity, you may then need to get a conservatorship, which will give an appointed person the legal right to manage his money and remaining property. Your first best source to consult for help is the local probate court. Many of them have good self-help centers or advisers available to help walk you through the procedure.