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Should my friend fight for Power of Attorney if her mother is being hospitalized for substance abuse???

My friend's mother is currently in the hospital for substance abuse. She is going through detox and the hospital expects her to stay there for another week or two. She is now in ICU and is in a very incoherent state. After that they are recommending she be admitted to rehab.

My friends father and her mother do not have a good relationship at all. He has made a lot of bad choices in the past and doesn't think very rational/"sane".

My friend's family has approached her about getting Power of Attorney over her mother. Is this something that she should do. If so, why? What benefits will it provide? How should she go about doing this?

Your friend cannot get a power of attorney from her incoherent mother, if that means that Mom is incompetent to understand what she is signing.

To get control over an incompetent person in the US, your friend must file a petition in court for "conservatorship" and show the court that it is necessary to protect Mom from herself.

The powers that the court grants, if they grant any, really depend on the situation and what the court finds to be necessary.

It doesn't sound like the mother has the mental competency to give anyone a Power of Attorney.

The only way to get those powers in that case is by petitioning the appropriate Probate Court.

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