• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

POA of my elderly grandfather

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Brina1981

Junior Member
What is the name of your state (only U.S. law)? West Virginia
Ok here is the situation, a few days ago we found my grandfather on the floor with all signs of a stroke. He went to the hospital they ran tests and so far nothing. His memory was going before he would think it was 1950, that Carter was president, and think my aunt was his deceased wife who died in 1990. This all was brought to his doctors attention so he put him on an anti depressant. After this happened he has been violent, hallucinating, delusional, remembers who people are then 5 minutes later doesn't know anyone or confuses them with people who have been dead for years. The question is how would my mother go about getting medical power of attorney over him if he is already incompetent? He is extremely lost mentally and dangerous. He began this over 2 years ago but after he fell and was hospitalized it have increased severely. I don't know if it my mom being the executor of his will would help her gain POA since it doesn't state anything about POA just his estate. Please someone help we do not know what to do.
 


anteater

Senior Member
Since it appears that your grandfather is not legally competent, he really is not in a position to grant power to your mother. And being nominated as executor in his will does not suffice.

You mother will need to petition the court to be appointed as your grandfather's conservator/guardian. There is a leaflet at this URL summarizing the process in West Virginia:

http://www.wvlegalservices.org/guardcon.pdf


The WV statutes regarding conservatorship/guardianship are here:

West Virginia CHAPTER 44A. — WEST VIRGINIA GUARDIANSHIP - West Virginia Code - West Virginia Law - West Virginia Statutes :: Justia
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top