Legal Question in Wills and Trusts in Pennsylvania

How do you get Power of Attorney for a sick parent who is incompetent due to Dementia?


Asked on 7/03/10, 8:29 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

There is no way to do so. If there is a need to care for the sick parent, you need to apply to Orphans' Court to seek a guardianship.

You should consult with an estates or elder law lawyer.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/03/10, 12:01 pm

I agree. You need to become a guardian or conservator of the estate for your parent. There is no way that your parent can give a power of attorney. And even if you tried, there may be someone to challenge it.

You do not indicate where your parent resides. Seek out an elder care or possible family lawyer in the state who does adult guardianships for incompetents where your parent resides. Different states call them different things. The conservator/guardian of the person makes health care decisions for the person. The conservator/guardian of the estate handles the finances. This can be the same person or different people - it depends on the situation and if someone is good with money.

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Answered on 7/05/10, 1:54 pm


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