How do I get Power of Attorney for my sister who is mentally unstable right now?
Full Question:
Answer:
Ideally, a person signs a power of attorney for an agent to hangle their affairs if they become unable to. However, a person needs the capacity to understand her actions at the time of signing. When a person is incapacitated, she is unable to sign a power of attorney. I suggest discussing her mental capacity to sign a contract with her physician.
One way for another to handle the affairs of someone who is incapacitated is to establish a guardianship or conservatorship. It can be established for the person, their estate, or both. A conservator or guardian manages the daily financial matters of the estate and/or provides care for the person. An inventory and appraisal of the estate is required to be filed in court and a bond may be required. Due to the complexities of establishing a conservatorship or guardianship, it its recommended to consult a local attorney.
