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How to Get Power of Attorney for Mentally Ill?


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Wondering how to get power of attorney for mentally ill parent or spouse? If you’re seeking a power of attorney (POA) for someone with a mental illness, here are the basic steps to consider:

  1. Assess Competency: Most individuals with mental illness are still competent to create a POA. If you’re unsure, consult the person’s doctor to determine their mental capacity. Explain the document to them and arrange for signing while they are competent.

  2. Understand POA: A POA is a legal document where a competent adult (the principal) appoints an agent (attorney-in-fact) to act on their behalf. The principal decides the scope of authority granted, which can be limited or broad (e.g., finances or health care).

  3. Durable POA: Consider a durable POA that continues even if the principal becomes mentally incompetent. Without one, the court appoints a guardian, bypassing the principal’s choice.

  4. Mental Illness and Competency: Not all mentally ill individuals are legally incompetent. Many manage their conditions successfully. If the person behaves rationally and can make everyday decisions, they can likely create a POA.

  5. Consult with Doctor: If the person’s mental illness fluctuates, work with their doctor to find a competent time. Discuss the POA and ensure the language reflects their intent.

I hope this answers your query about how can I get power of attorney for someone who is mentally ill.

Speak with a Lawyer to Know the Required Documents to Get POA.

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