Q: How to obtain POA for an incapacitated father in Alabama?
I want to obtain Power of Attorney (POA) for my father, who is already incapacitated and unable to communicate his wishes. There are no existing legal documents regarding his care or decisions. As his daughter, I have been making decisions for him for a long time, but now I need legal documentation. What steps should I take to secure POA under these circumstances?
A: To sign a power of attorney in Alabama, your father must be legally competent, that is, he must be aware of what he is doing and the consequences. A lawyer cannot ethically obtain signatures from people who lack mental capacity to sign. Of course, there is a "gray zone" between people who are obviously competent and those who are obviously incompetent. If your father lacks the mental capacity to sign the POA, then he may need something more complicated and expensive called a "conservatorship." You need a competent attorney in your area to help you.
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