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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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How do I get a power of attorney for my mom who is in ICU,

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How do I get a power of attorney for my mom who is in ICU, under sedation, and cannot sign in her condition?

Welcome! Thank you for your question.


Unfortunately you cannot. I get a power of attorney the person must be competent to understand, agree and sign the document granting someone the authority to speak on their behalf. If the person is unable to speak on their behalf you have to request the court deem them incompetent and appoint a guardian for this person.


Here is the NY website with forms.

John Elder and 3 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the info. My younger sister and I are her only family. Will the guardianship allow us to gain beneficiary info from her bank?