My father recently became ill and is on life support. He's been in ICU for 2 weeks now and may end up being transferred to a long term care facility. I, being his closest family member, would like to become his POA for medical and financial purposes. How do I go about doing this without his signature? He is starting to wake up but wouldn't be able to sign a form at this point.
1 Answer from Attorneys
You cannot get a POA from a person who lacks legal capacity to make or execute such a document or give such authority. If he survives his current illness and is transferred to a long term care facility, you must apply for appointment as guardian (medical authority) and conservator (financial authority) to the Probate Division of the Superior Court. You can try to do it on your own, using the Self Service Center at the Superior Court, however, I recommend that you retain counsel as soon as possible. The legal fees and costs involved will be reimbursed to you out of your father's estate.
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