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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99009
Experience:  Lawyer
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How does my mother get POA dad who just had a stroke

Customer Question

How does my mother get POA for my dad who just had a stroke and can no longer speak for him self
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Is your father mentally competent even though he cannot speak? Can he communicate in other ways?
Customer: replied 1 year ago.
No he is not
Expert:  Debra replied 1 year ago.
I am sorry to hear this. Your mother cannot get a POA now. That had to be done before he became incompetent. What your mother has to do now is to apply to the court for an order declaring your father to be incompetent and at the same time apply to be his legal guardian. That will give her the right to make all decisions for him both about his finances and his care. This can be done quickly if necessary and so long as no close family member opposes this.
Customer: replied 1 year ago.
How do we apply to be his guardian, our doctor is willing to write and sign any documents to declare him mentality unable to make decisions on his own
Expert:  Debra replied 1 year ago.
This is quite complicated and while you have the right to self-represent it is not at all advisable. It will take a long time to get this resolved if you don't have a lawyer who knows what she/he is doing. You will need medical expert evidence but if your doctor is a family doctor that is likely not good enough. Your father will have to undergo a formal competency assessment most likely. You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25. The number is(###) ###-####or 1.***-***-****. If your mother cannot afford to retain the lawyer then what she should do is go for the consultation and ask the lawyer then how much he/she would charge to coach you through this process while your mother self-represents.

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