Do You Need a Lawyer to Get a Power of Attorney in the US?

Do You Need a Lawyer to Get a Power of Attorney in the US?

No, you don’t legally need a lawyer to create a valid power of attorney (POA) in the US. Most states provide statutory forms or templates that individuals can use to draft their own documents. However, while DIY options work for straightforward situations, consulting a lawyer is often recommended in complex cases. Why a POA Is…

Can Two Siblings Have Power of Attorney? Understanding Joint and Dual POA

Can Two Siblings Have Power of Attorney? Understanding Joint and Dual POA

Yes, two siblings can have power of attorney (POA) over a parent or another individual. This is typically structured in one of two ways: joint power of attorney, where both siblings must act together, or dual power of attorney, where each can act independently. The decision depends on the wording in the POA document and…

Who Can Declare Someone Incompetent? Legal Process, Guardianship & State Laws

Who Can Declare Someone Incompetent? Legal Process, Guardianship & State Laws

In the United States, only a court has the authority to declare someone legally incompetent. However, the process often begins with concerned family members, friends, or caregivers who ask the court to step in. Medical professionals provide critical evidence, but they don’t make the final call—a judge does. Let’s break it all down so you…

How Long Does It Take to Declare Someone Incompetent in California?

How Long Does It Take to Declare Someone Incompetent in California?

In California, declaring someone legally incompetent (formally called establishing a conservatorship) typically takes 3–6 months, but urgent cases may resolve in 2–4 weeks with a temporary order. Timelines hinge on court backlogs, medical evaluations, objections, and the case’s complexity. Imagine your aging parent can no longer manage their finances, but their bank refuses to release…

How Do You Declare Someone Incapacitated in California? A Step-by-Step Guide

How Do You Declare Someone Incapacitated in California? A Step-by-Step Guide

In California, declaring someone incapacitated (legally “conservatee”) requires filing a petition for conservatorship in probate court, presenting medical evidence of their inability to manage health, safety, or finances, and securing court approval. The process is governed by the California Probate Code (Sections 1800–1898) and prioritizes the individual’s rights and autonomy. Did you know 1 in…

How to Get Power of Attorney for Someone Who Is Incapacitated in California?

How to Get Power of Attorney for Someone Who Is Incapacitated in California?

If someone is already incapacitated in California, you cannot obtain a standard power of attorney because it requires the principal to be mentally competent at the time of signing. Instead, you’ll need to petition the court for conservatorship, which grants you legal authority to make decisions on their behalf. However, if a durable power of…

How to Get Power of Attorney for Someone Who Is Incapacitated?

How to Get Power of Attorney for Someone Who Is Incapacitated?

If someone is already incapacitated, you can’t obtain a standard power of attorney because it requires the principal to be mentally competent at the time of signing. Instead, you’ll need to petition a court for guardianship or conservatorship to gain legal authority over their affairs. However, if a durable power of attorney was set up…

How to Get Power of Attorney for an Elderly Parent with Dementia?

How to Get Power of Attorney for an Elderly Parent with Dementia?

To obtain power of attorney (POA) for a parent with dementia, act quickly while they still have legal capacity. You’ll need a durable POA (valid even after incapacity) and must follow strict state laws for signing. If capacity is lost, guardianship becomes necessary. Why a POA Is Critical for Dementia Care A power of attorney…