Power of attorney...

[Rookie]

My son in law's brother is in the hospital with severe burns, so he is unable to sign documents. His mother needs power of attorney for his bank, which he is willing to give verbal consent. How difficult is it to get power of attorney without his signature?

Also, does he HAVE to have an attorney to give power of attorney to mother?

 

[Kirk Freeman]

My son in law's brother is in the hospital with severe burns, so he is unable to sign documents. His mother needs power of attorney for his bank, which he is willing to give verbal consent. How difficult is it to get power of attorney without his signature?

Also, does he HAVE to have an attorney to give power of attorney to mother?

"Unable"? Big distinction between physically and mentally incapacitated.

His power of attorney, his choice. He needs to speak to an attorney.

I had to do this once. Showed up at Home Hospital (long before they tore it down) just like a movie or tv show.

 

[Rookie]

Physically unable...

 

[hoosierdoc]

Have you asked the social worker at the hospital? This is not unique

 

[Rookie]

I'll tell them to ask.

 

[darend505]

To give poa, a lawyer is needed.

 

[HoughMade]

"Unable"? Big distinction between physically and mentally incapacitated.

His power of attorney, his choice. He needs to speak to an attorney.

I had to do this once. Showed up at Home Hospital (long before they tore it down) just like a movie or tv show.

Kirk's right. It can be done. Get a lawyer. This is not a place to cut corners.

To be valid, a power of attorney must meet the following conditions:
(1) Be in writing.
(2) Name an attorney in fact.
(3) Give the attorney in fact the power to act on behalf of the principal.
(4) Be signed by the principal or at the principal's direction in the presence of a notary public.
(5) In the case of a power of attorney signed at the direction of the principal, the notary must state that the individual who signed the power of attorney on behalf of the principal did so at the principal's direction.

Ind. Code Ann. § 30-5-4-1.

 

[OutdoorDad]

And you want DURABLE power. Not limited nor full power.

I am not a lawyer. But I am correct.

 

[Dead Duck]

And you want DURABLE power. Not limited nor full power.

I am not a lawyer. But I am correct.

.....allegedly.

 

[HoughMade]

And you want DURABLE power. Not limited nor full power.

I am not a lawyer. But I am correct.

Maybe, maybe not. He should see a lawyer. If mental incapacity is not at issue and the burns are not terminal, I don't know that I would use a durable power of attorney.

 

[hoosierdoc]

To give poa, a lawyer is needed.

False