Obtaining a conservatorship over an aging and mentally disabled parent.

Question:

V.B. asks "What exactly would i have to do to get power of attorney over my mother? she is older and has legally been deemed incompetent."

Answer:

First of all, I assume that you are wanting to exercise control over your mother's health care and financial affairs due to the fact that she is mentally disabled and is thus no longer able to make such decisions on her own. If that assumption is incorrect, then please ignore the rest of my answer. However, if my assumption is correct, then a power of attorney will not work because your mother would need to be of sound mind in order to execute the power of attorney. Instead, you will need to obtain a conservatorship over your mother. In order to do so, you will have to have to file a petition with the court, and you will have to have a physician who is willing to state that your mother is currently unable to handle her own affairs. Conservatorship proceedings can be complex, and I would highly advise you to hire an attorney to represent you in the conservatorship proceeding.