Legal Question in Wills and Trusts in Virginia

HOW CAN I GET POWER OF ATTORNEY? My Father in law has dementia and is a nursing home. I have poa at the home, but need to take care of other things for him. He is married, but his wife wants nothing to do with him.

Asked on 10/01/13, 9:47 am

1 Answer from Attorneys

Rebecca Simpson Law Office of Rebecca Simpson

To enter into a power of attorney, the person needs to have legal capacity, which means he needs to have the mental capacity to understand the nature and effect of what he is doing. If he doesn't have that capacity, then unfortunately he is not able to grant power of attorney to you. To get the authority to make decisions for someone else, without a power of attorney (duly executed while the person was still competent), sometimes it's necessary to petition a court for appointment of a guardian (for managing personal affairs such as health, safety, therapy, etc.) or conservator (for managing financial affairs and property).

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Answered on 10/01/13, 11:41 am

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