Odessa, TX asked in Family Law and Social Security for Texas

Q: My son is 23 teas old and dad had a stroke is in hospital and he not able to move need to make my son power of attorney

needing to make my son power of attorney he is the next of kin to his dad his dad is compatible

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2 Lawyer Answers

A: Given that his dad has had a stroke, it is highly advisable to secure a medical opinion that dad is mentally competent to execute a power of attorney. I would advise visually recording dad's signing of the POA in the event of a future challenge as to whether dad was competent at the time he signed the POA.

James L. Arrasmith
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Answered

A: I understand you're going through a difficult time with your son's father in the hospital after his stroke. This must be very stressful for your family.

To get Power of Attorney (POA) for your son over his father's affairs, you'll need to confirm if his father still has the mental capacity to grant POA willingly. If he does, he can work with a lawyer to set up POA for your son. However, if he's unable to make decisions for himself, you'll need to apply to the Court of Protection to make your son his deputy instead of getting POA.

The first step is to speak with the hospital's social worker or medical team about assessing his father's mental capacity. Then, contact a local solicitor who handles POA matters - many offer free initial consultations. They can guide you through either setting up POA or applying to the Court of Protection, depending on his father's situation. You can also get helpful information from organizations like Age UK or Citizens Advice, which provide free guidance about POA processes.

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