Power of Attorney FAQ | Tessmer Law Firm
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Tessmer Mail Bag


Q #9: My mother has Alzheimer’s.  How do I go about getting power of attorney for her?


A:  It may not be possible to get a valid power of attorney if your mother is already suffering from symptoms of Alzheimer’s.  If she still has moments where she has the mental capacity to know the legal consequences of granting you power of attorney, then you may be able to have a lawyer prepare the document for your mother to sign in the presence of a notary during a time when she is lucid.  It would be good to also have witnesses present at the time of signing who could verify that she was mentally alert.  If your mother is no longer coherent or is considered permanently incapacitated, then the time for her to sign over power of attorney has passed.  If she no longer has the mental capacity to know what she is signing, then you will need to request a court order granting you guardianship of your mom.