Do I need a laywer to get a power of attorney over my adult child?
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  1. #1
    BrushyCreekFather is offline Junior Member Newbie
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    Sep 2017

    Default Do I need a laywer to get a power of attorney over my adult child?

    Hello, my son will become 18 years old in one week from today, and already we're having trouble gaining access to his medical records. His doctor told us that even though he's still legally a minor, and we are his parents, because he's over 14, he has to agree, and since he's mentally not capable of agreeing (he's nonverbal autistic, and only understands simple concepts), there's some special forms we have to fill out. But he's about to turn 18 anyhow, and by that time, the forms will be invalid, and a power of attorney will be what we'll need.

    So, my question is basically is this something I need to go to a lawyer about? I've read that in general when the person is mentally competent, no lawyers are needed, and it's a simple document, but I feel like my son isn't mentally competent to really understand that power he'd be giving us. I've googled, but I still don't understand the process, or if a lawyer is needed. If one is needed, I'll call one, but I would first like to know before calling, because my wife seems to think a lawyer won't answer questions like this unless we make an appointment and go in there.

  2. #2
    hearthstone_academy's Avatar
    hearthstone_academy is offline Administrator
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    Nov 2006
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    Default Re: Do I need a laywer to get a power of attorney over my adult child?

    Hi. This is a homeschooling message board, so I'm not sure you will get the information you need here, either. I happen to be the mom of a child with significant special needs. I've found that, once I established a relationship with an attorney, she was willing to answer occasional brief questions over the phone for me. Otherwise, I make an appointment to go in and see her.

    Good luck to you!

    Mom of six . . . current students and homeschool graduates. Enjoying using Time4Learning since 2006!

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