Q: Can my stepmom make me POA for my dad?
They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign for me to be medical POA for him or can he do it? Is she able to give me POA over his assets? He does not have a will.
A: Only your father could name an agent under a power of attorney. If he is incompetent, then he cannot sign a power of attorney and guardianship may be the only option. Keep in mind, though, that people with dementia can have the capacity to sign a power of attorney. Good luck!
Nina Whitehurst agrees with this answer
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A: Your stepmother should talk to her attorney about options. And family member might have to file for guardianship to be able to make medical and financial decisions for his continued support. Check your local probate court for information about guardianship, and use the Find a Lawyer tab to retain a local attorney who handles guardianships to review the situation and advise you of options.
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