General AdviceLegal

Obtaining a Power of Attorney

My boyfriend is borderline mentally retarded and he does not know how to read or write. He can speak very well. I have a medical power of attorney. Can I please get some advice? I was told since my boyfriend is on probation and it is unsupervised, that I can not go to the court house and fill out the form on his behalf and have him sign it. Since he doesn't know how to read or write, I would be considered playing lawyer.

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So all the forms I fill out for him everywhere and tell him just sign here, I have been doing wrong. We have been together since 2006. I need some help on this and I cannot afford an attorney; I am on a fixed income.

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July 23, 20170 found this helpful

I would ask for a free lawyer from the Legal Aid Society. You need someone who knows the law.

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July 24, 20171 found this helpful

Is your boyfriend on SSI? Do you or does he receive government assistance with Medicaid or Food stamps? Since he is on probation was there any record of him being found mentally incapacitated? What source is your fixed income? Is it considered low income?
Since you have a medical POA why are you asking for a different power of attorney? Does he have a benefit check that is being used for his care? Does he understand what control a POA could give you?

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These are the type of questions an attorney will/may ask and it is possible that no one can do this POA without first going to court to prove that he can or cannot take care of matters himself.
These are serious legal questions that only an attorney can answer. If you and your boyfriend are receiving government assistance then you should be able to discuss your concerns with an attorney through either family services or the Legal Aid society. You can Google either of these with your zip code and find an office near you.

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July 27, 20170 found this helpful

You can call some law offices and get free advice. Also go to the law library in your city or capitol. Some cities have places where you can do the filing and all on your own. These places tell you how to do it step by step. Law Shops. Google locally in your area.

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July 28, 20170 found this helpful

Who told you this? Was it the court house?

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