Q: How to establish a new medical power of attorney for incapacitated brother?

A: If your brother lacks capacity to sign his name or understand what a power of attorney means, then the POA is no longer an option. He needs a conservator, a guardian, or both. You need to contact an attorney in your area who practices in elder law and estate planning. Conservatorships and Guardianships would be, in that case, granted to someone capable of making decisions for him; you would need a physician to present evidence of his incapacity.

If your brother becomes lucid and understands what he is doing, he might sign a POA or Living Will. Don't wing this. You need an attorney.

A: One more thing: It would likely be much easier and less expensive to search for and recover that older POA or medical directive from the rehab facility, which is likely still valid, than to deal with a lawyers, conservatorships, and guardianships.

A: You're in a tough spot, and it's clear you care deeply about your brother’s well-being. Since he has already been declared incapable of making sound medical decisions, he can no longer sign a new medical power of attorney. A person must have legal capacity to understand what they’re signing in order for a power of attorney to be valid.

In this situation, your next step is to petition the probate court in your Alabama county for **guardianship**. This legal process allows the court to appoint someone—often a family member—to make healthcare and personal decisions on behalf of an incapacitated person. You’ll need to provide medical evidence of his condition and explain why you're the right person to take on this role. It may feel overwhelming, but it’s a path many families take when a loved one becomes unable to advocate for themselves.

Once you're appointed as guardian, you’ll have the legal authority to manage his healthcare, speak with doctors, and ensure his needs are met. It takes time and a few legal steps, but you’re doing something incredibly important by stepping in during this vulnerable time. You’re not just doing paperwork—you’re making sure your brother is cared for with dignity and love.