Family Law Questions? Ask a Family Lawyer Online.
If your parents have the mental capacity to do so, they can each execute a power of attorney to give you the authority to make certain legal and financial transactions for them. Since your parents are elderly, it is a good idea to get an opinion letter from their treating physicians that they are mentally competent to enter legal transactions so that there is no question as to the validity of the power of attorney.
If your parents are not mental competent to sign a legal document, you can petition the court to give you a guardianship (sometimes called conservatorship) over your parents, so that you can handle their legal and financial affairs for them.
My mom has Alzheimers. Can my dad sign the power of attorney? Also, would I be able to get a restraining order against my brother with the power of attorney?
No, your father cannot sign the power of attorney for your mother. It has to be her choice.
Yes, depending on the circumstances, you may be able to obtain a restraining order against your brother using the power of attorney. You would file the petition on behalf of your parents, and the court may appoint guardians for them to represent their interests from there.
She would have to sign it. However, if she does not have the legal capacity, she cannot legally execute a power of attorney, and you would have to go the guardian route as mentioned above.
You can find a power of attorney form here: