To Make a Power of Attorney for My Mother, Do I Need Her Consent?

People often wonder whether they can obtain a power of attorney for an incapacitated parent without the parent's consent. It's understandable that you'd want to have the power to make decisions for your incapacitated mother. Unfortunately, it's too late for her to agree to allow you to handle her affairs if she's already mentally incapacitated.

To make a valid power of attorney document, your mother would need the mental ability to fully understand what the document is and what it does—and the capacity to willingly give you the authority to act for her.

But there's another way to get the authority to make decisions for your mother. You can go to court and ask a judge to appoint you as your mother's conservator (called a guardian in some states). Start with the clerk's office at the county probate court; they can most likely give you information on how to initiate conservatorship proceedings. For more information, see Conservatorships and Adult Guardianships.