Legal Question in Wills and Trusts in New Mexico

power of attorney

Is there a Power of Attorney document in existence for a mentally disabled person? A brother of mine was recently told by a government agency that they need proof that my father could sign for another mentally disabled brother of mine who is 48 years old and has always lived with my parents. (Unfortunately my parents have been unable to locate a document giving them authority to sign documents for my brother and as far as we know the need to do so has never occurred. My brother receives a monthly social security check made out to my father ''for my brother''.) This agency suggested we have my ''mentally disabled'' brother sign over a Power of Attorney to my father. How can this be done since he doesn't read or write and has been mentally disabled since birth? This agency also suggested we have my brother's doctor sign a letter stating he is legally unable to provide for himself and that we could hire an attorney, give this letter to an attorney and have the attorney sign the power of attorney on my mentally disabled brother's behalf. Is this possible? Does such a document exist for a mentally disabled person?


Asked on 7/11/02, 11:24 am

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: power of attorney

Unfortunately it takes a Court hearing to establish a guardian for a mentally incompetent person in NM. Once appointed, the guardian can then sign on his ward's behalf. The suggestions you have received are not workable in NM. No one, attorneys included, is authorized to sign for an incompetent person without a court appointment. A Power of Attorney signed by an incompetent person is void and of no effect. A doctor's letter may be helpful in court proceedings, but is otherwise of no value in accomplishing this task.

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Answered on 7/11/02, 12:04 pm
Douglas Barr The Barr Law Firm, P.C.

Re: power of attorney

I do not know of anyway to accomplish your goal without a Court Order. I'd be glad to meet with you to advise you on how to do this. I cannot advise you on how to do this without an attorney, and you would be well advised not to try. Just call my office to set an appointment for a consultation, which usually takes 1 - 1 1/2 hours. My standard consultation rate is $250. By the way, I have practiced law in Albuquerque for about 27 years, and have encountered this type of legal problem in Valencia, Sandoval and Bernalillo Counties.

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Answered on 7/11/02, 3:13 pm


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