Power of Attorney with Possible Incapacity ruling
My father recently suffered a stroke, Doctor claims he is incapable of providing for himself. If I do up a Power Of attorney based on the doctors statement of my Dad being incompacitated DO I need to have a judges ruling to his condition as well or just 2 doctors signature on the Power of attorney......? His current will is in a state of shambles as far as mark ups for a pending change (update but has not been updated) I would assume it is still binding based on it being the ONLY will recorded and it does name me as executor......Mark ups or not?????
1 Answer from Attorneys
Re: Power of Attorney with Possible Incapacity ruling
First, A POA will not be an option if he is incapacitate. A POA must be done by him while he has capacity. A guardianship proceeding is more likely. Second, his will cannot be changed by another person regardless of POA or guardianship. Should you have further questions, please feel free to contact me directly.
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