I am so very sorry to hear of this issue. If your son cannot understand the document, then he cannot legally grant power of attorney under Indiana law (IN Code § 30-5-4-1). You would have to file a petition for guardianship with the court in the county where your son resides. You will file the petition and the judge will schedule a hearing. The judge will discuss with you whether your son needs a guardian and if so, if you should be his guardian (IN Code § 29-3-5-1(a)). If so, you will then be able to handle his affairs, etc.
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Hello I was wondering if I filled out the right POA for my son who is mentally challenged.
I understand your concern about ensuring the right Power of Attorney for your son. Can you please specify which type of Power of Attorney form you filled out?
The durable financial I believe.
Have you consulted with a legal professional or an attorney to review the Power of Attorney document for your son's specific needs and circumstances?
No not at the moment.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your Power of Attorney form.
No that will be all.
Hello, my name is Charlie and I am a licensed attorney. I would like to welcome you to AskaLawyer!
Which state do you live in?
Indiana.
Understood. Is your son an adult?
Yes.
How severe are his mental challenges? Does he understand the document he would be signing?
He was in special education all his life.
Understood but my question is: does he understand the document he would be signing? Someone that cannot understand cannot grant POA, it would have no legal authority.
No, but I did explain it to him.
Then he cannot sign it and have any legal effect.
So what can I do to handle all his business?
I am so very sorry to hear of this issue. If your son cannot understand the document, then he cannot legally grant power of attorney under Indiana law (IN Code § 30-5-4-1). You would have to file a petition for guardianship with the court in the county where your son resides. You will file the petition and the judge will schedule a hearing. The judge will discuss with you whether your son needs a guardian and if so, if you should be his guardian (IN Code § 29-3-5-1(a)). If so, you will then be able to handle his affairs, etc.
I hope that helps!
If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society as they offer free and low-cost services in these types of cases. Another good resource is to contact your local law schools as they often have clinics with attorneys that will assist in these types of cases.
My ultimate goal during our conversation is to make sure that you clearly understand the next steps to take in this matter. Please let me know if you need any clarification on the next steps or have any follow-up questions, as I will be very happy to assist you further.
No that will be all, thank you. That was very helpful.
You are welcome. I am very glad to help.
