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How to get POA for father's finances and property
29-Aug-2023 (In Civil Law)
Helo sir/madam. I am vikash , few weeks ago my father got a stroke and due to which his whole body got paralyzed . so which makes my father totally inactive due to which i cant excess my fathers money which is the only source of income.By which i can have a better treatment for my father and proceeds the business activities .
There are three ways you can get Power of Attorney for a sick parent. These include:
In order for your parent to grant you Power of Attorney, they must be of sound mind. The parent needs to understand what it truly means to sign over Power of Attorney, and the kind of decisions that may be made on their behalf. If the parent is of sound mind, they may sign over Power of Attorney.
If your parent is already mentally incapacitated, they may have already granted you (or another person) Power of Attorney in a Living Will. In this case, no further steps need to be taken to gain Power of Attorney.
If your parent is already mentally incapacitated but hasn’t granted Power of Attorney to you in a Living Will, you’ll need to go before a judge to obtain conservatorship (or an adult guardianship). A conservatorship will grant you the right to make medical and financial decisions on your parent’s behalf. The clerk’s office at your county’s probate court can tell you how to initiate conservatorship proceedings.
Obtaining Power of Attorney
Before you can obtain Power of Attorney, you’ll need to determine whether or not you want to obtain financial or medical Power of Attorney. As you may have guessed, financial power of attorney will give you the right to make financial decisions on the parent’s behalf, while medical Power of Attorney will give you the right to make medical decisions on the loved one’s behalf.
In order for your parent to grant you Power of Attorney, they must be of sound mind. The parent needs to understand what it truly means to sign over Power of Attorney, and the kind of decisions that may be made on their behalf. If the parent is of sound mind, they may sign over Power of Attorney.
If your parent is already mentally incapacitated, they may have already granted you (or another person) Power of Attorney in a Living Will. In this case, no further steps need to be taken to gain Power of Attorney.
If your parent is already mentally incapacitated but hasn’t granted Power of Attorney to you in a Living Will, you’ll need to go before a judge to obtain conservatorship (or an adult guardianship). A conservatorship will grant you the right to make medical and financial decisions on your parent’s behalf. The clerk’s office at your county’s probate court can tell you how to initiate conservatorship proceedings.
Obtaining Power of Attorney
Before you can obtain Power of Attorney, you’ll need to determine whether or not you want to obtain financial or medical Power of Attorney. As you may have guessed, financial power of attorney will give you the right to make financial decisions on the parent’s behalf, while medical Power of Attorney will give you the right to make medical decisions on the loved one’s behalf.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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