Legal Question in Wills and Trusts in South Dakota

Power of Attorney

My father had a stroke and was in a

coma. He was unable to give us

power of attorney, but we were able

to gain ''guardianship'' over him

through the court system. But with

that, there were limitations. Two

years now and he is able to

communicate with us by nodding his

head or shaking his head to ''yes and

no'' questions. Will we be able to get

Power of Attorney for him if a doctor

declares him competent to answer?

And will it be a binding form if he

made a mark (since he can't write

anymore) instead of his signature?

1 Answer from Attorneys

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