If he is willing, your son can sign a health care power of attorney to enable you to make health decisions for him when he is unable to do so. He has been under Mohave Mental Health Clinic's care for … Competency is presumed unless there exists a reason to declare a person as mentally incompetent.There are several factors that would affect an individual’s competency to make a … The principal also determines the scope of the authority granted. Power of Attorney: a power of attorney gives one person the legal right to act on behalf of another. The basic requirements for making a durable power of attorney -- whether for health care or finances -- are that the individual making the document must be at least 18 years old and of sound mind. Some people consider durable powers of attorney for finances and health care essential documents for anyone doing serious estate planning, because once a person becomes mentally incompetent, she can no longer make a power of attorney. The person making the document, … Powers of attorney can be tailored to your child’s particular needs. Michigan Alliance for Families is an IDEA Grant Funded Initiative of the Michigan Department of Education, Office of Special Education, and Michigan’s … Registering an enduring power of attorney. This is a stereotype that is simply untrue. The basic requirements for making a durable power of attorney -- whether for health care or finances -- are that the individual making the document must be at least 18 years old and of sound mind. But a durable power of attorney contains specific language that allows the authority to continue after the principal becomes mentally incompetent. Berkeley's Boalt Hall. Our son is mentally ill. My husband has his Mental Health Power of Attorney. If your son's mental disabilities prevent him from fully understanding what the documents mean -- and therefore from consenting to their making -- you will have to go to the probate court and ask to be named conservator. A related concept is a "psychiatric advanced … A mental health power of attorney, also called a psychiatric advance directive, is a legal document that identifies one or more individuals as an agent or agents who act on behalf of a person who is mentally ill. … He is living in a group home, however he is angered quickly which is one of the reasons i put … A Durable Power of Attorney is a written power of attorney which con-tains the words “This power of attorney shall not be affected by my disabil-ity,” or “This power of attorney shall become effective … Generally, a power of attorney terminates when either party dies or becomes mentally incompetent. At The Gage Law Firm , we specialize in criminal and probate cases involving mental illness and have handled over 800 criminal cases involving mental … A person who is mentally incapacitated cannot create a power of attorney because a power of attorney … I have a mentally and physically disabled son who will turn 18 soon. I do have conservatorship & POA. Many people struggle with depression, bipolar disorder and other mental issues, yet they are successful in keeping the disease in check with medication, and most are not legally incompetent. If the person has a mental illness that makes her mentally incompetent in phases, work with her doctor to find a time when she is competent. I have a 26yr old son. If you question their ability, work with the person's doctor to determine whether and when she is mentally competent. Depending on the nature of her disability, she may not have the legal capacity to give you a power of attorney. 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