Legal Question in Wills and Trusts in Michigan
power of attorney
we are trying to figure out the best way to go about getting my fathers dpoa done.he is in the critical care unit and is unable to handle his personal business. i am a beneficiary at this point and want to be his dpoa on his bank account to handle his business for him. but at this time he has no phone in his room and is so incoherint and is unable to sign or talk to the bank. they are requesting a letter from him and at this time he is unable to sign.last week he did sign payee papers for social security,but the bank is requesting to talk to him on the phone to verify me becomeing dpoa. please help me to be able to get this situation taken care of he will be needing alot when he gets out and i need to be able to get in his account to take care of these needs for him.
1 Answer from Attorneys
Re: power of attorney
A durable power of attorney is not valid when he is mentally incompetent even if he somehow manages to sign it. You need to become a guardian/conservator.