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Power of Attn for Incompetent adult?

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jennimi29

Guest
What is the name of your state? Michigan

A family member of mine has recently become mentally incompetent due to an accident. We were told that in order to get power of attorney the person had to be competent to sign it. What are our options now? The main reason at this point is to get our family members 401k withdrawn so we can continue to pay for their home. This qualifies as a hardship situation but we were told unless we had power of attorney they cannot send us the paper work to get the money out or discuss it any further. I have looked into guardianship but am not sure what kind would be best to try to get. I also dont think that would help with the Prudential people. Please let me know if you have any knowledge of how this all works. We are running out of time for paying the mortgage and other bills, we are also hoping this mental condition will eventually get bettter.

Thanks:confused:
 


ALawyer

Senior Member
Hoping things will get better is supportive, but only a physician can evaluate the likelihood of that happening.

You can go to court seeking a conservator, who could do what is needed.
 
J

jennimi29

Guest
Can I be a Conservator?

Can I be a conservator for him? I found some forms that looked like I could file to do that. If this does work out is that good enough to get into his 401k? I called Prudential and they kept saying you need power of attorney and were unsure of a conservator being able to do this.

Thank You
 

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