How to obtain power of attorney for incapacitated mother?
My mother never signed a legal power of attorney, though I've been caring for her for the last few years. She had a heart attack Feb. 12th and suffered cerebral hypoxia, leaving her in a vegetative state. I want to get her medical records from her doctor, but they won't allow it because I don't have a power of attorney. My mother is basically unprotected because of this. What do I do? Everyone is telling me that I cannot get a POA without moms signature - but she is incapable of making any decisions or even signing her name. I dont even know if she *knows* her own name anymore. Please help! I dont know where else to go at this point.
Public Comments
- These are very tricky cases and you need to get a court order to take over her affairs. I highly recommend you hire a lawyer to do so. My dad and step mom had to do that for her mother and they needed a lawyer.
- I don't know exactly how it works where you are, but power of attorney is supposed to go to the spouse. If there is none, the parent or child is in charge of those decisions, especially when they have been taking care of the person for some time. Again, I don't know what the situation is for you, but I would talk with a lawyer to figure out what your rights are.
- In the US, you need to file a court petition to be appointed as her "conservator". See an estate planning/probate lawyer.
- yeah i think the best way the legal Services office they can do it for you safely.
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