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Guardianship or POA for elderly parent


21-Mar-2026 (In Civil Law)
Hi, suppose a parent is unwell and has mental issues, how can we be certain whether they have capacity to sign POA as they cannot manage their finances to support themselves? How do we know for sure that it's better to do a Guardianship petition instead? For context, the parent has only one child and there is no one else to help care for them and manage their finances. So shouldn't it be straight forward that their only child who has been looking after them all these years should get req permis
Answers (2)

Answer #1
607 votes
If the parent is not fully incapacitated, immediately execute POA. POA can be executed while the parent is mentally sound with doctors certificate. It can be Properly notarized / registered. If parent is fully incapacitated, file for guardianship petition in District Court. And in case of grave emergency, approach HC under letters patent of Bombay High Court
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Advocate Shriya Mehta

Adv. Shriya Mehta

LawRato Mumbai | 5+ Answers
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Answer #2
516 votes
Capacity requires sound mind at execution. Get a medical opinion/assessment. If doubtful, POA risks challenge; file guardianship before court for legal authority. Being sole child doesn’t auto-grant rights.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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