Q: What do I need to do to get a power of attorney for financial and medical decisions for someone who has Alzheimers
The person is not capable of understanding any documents or legal details in order to sign a power of attorney and is not cognizant of real time issues. A power of attorney is needed in the state of Idaho for her 2 daughters who reside in Idaho and her husband who resides in California.
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A:
To obtain the authority to make financial and medical decisions for someone with Alzheimer's in Idaho, you'll need to pursue legal guardianship or conservatorship through the court system. Since the person is no longer capable of understanding or signing a power of attorney, a standard power of attorney is not an option. The court will need to determine that the individual is unable to make their own decisions and appoint a guardian or conservator.
For this process, you'll need to file a petition with the probate court in the county where the person resides. You should be prepared to provide evidence of their incapacity, often through medical records or testimony from a healthcare professional. The court will review this information and, if it agrees, will appoint a guardian for medical decisions and a conservator for financial decisions.
It's important to know that the process can be time-consuming and may require a hearing. The judge may appoint an attorney or a guardian ad litem to represent the interests of the person with Alzheimer's. If you're the appointed guardian or conservator, you'll have the legal authority to manage their affairs, but you may need to provide regular reports to the court regarding their well-being and finances.
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