Legal Question in Family Law in New Mexico

power of attourney for mentally handicapped

My 22 year old daughter is severely mentally retarded. She lives at home and is on medicaid. She has been diagnosed with cancer and we have been informed we need power of attourney to continue medical treatment, how do we do this without her implied consent? Thank You


Asked on 4/24/04, 11:57 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: power of attourney for mentally handicapped

This question is not easily answered on a bulletin board. (A) Because the legal situation you are in is very fact based and you will only get the specifics answered you need by sitting down and doing a one on one with an attorney. (B) You may find that to get the legal point that you want you will have to get guardianship over your daughter. An attorney can explain the details. (C) If you are not familiar with how to go about finding an attorney in your town go back and read some of my prior responses on this bulletin board and you'll see what steps to take to get to the point of interviewing some attorneys in the town or city where you live. I would suggest either a family lawyer or some one familiar with estate planning. Lawyers who practice in these areas of law will be most familiar with your particular question.

Good luck.

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Answered on 4/25/04, 8:49 pm


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