# How to Get Power of Attorney for Someone Who is Incapacitated [Call Now Click Here](tel:919-659-8433) Click [HERE](https://caryestateplanning.com/contact-us/) to speak with NC’s trusted statewide Estate Planning, Probate, and Special Needs Planning Law Firm! ![how to get power of attorney for someone who is incapacitated](https://caryestateplanning.com/wp-content/uploads/2023/08/how-to-get-power-of-attorney-for-someone-who-is-incapacitated.jpg) # How to Get Power of Attorney for Someone Who is Incapacitated Table of Contents Toggle You’ve found yourself in a situation where a loved one is incapacitated and unable to manage their own affairs, leading you to consider [Power of Attorney](https://caryestateplanning.com/cary-power-of-attorney-lawyer/) (POA). You’re likely feeling overwhelmed by the gravity of this responsibility, but your desire to help those in need shows your compassion and commitment. This article aims to empower you with knowledge about obtaining POA for someone who is incapacitated so that you can confidently navigate this legal terrain while serving your loved one’s best interests. In the following sections, we will explore what POA entails – its legalities, implications, and how our [estate planning attorneys](https://caryestateplanning.com/estate-planning-attorney/) can help. ## Understanding the Legalities of POA You’ll need to understand that gaining the power of attorney (POA) for someone incapacitated isn’t just about filling out a form; it’s navigating through complex legal waters, often filled with clauses and conditions that can make your head spin. The first step is understanding POA misconceptions. One common misconception is that one type of POA covers all situations, which, unfortunately, isn’t the case. Different types of POAs serve different purposes and are activated under different circumstances. For instance, a durable power of attorney remains in effect even if the individual becomes mentally incapacitated – this would be crucial in our scenario. On the other hand, a limited or specific power of attorney gives authority only for specific transactions or periods. Knowing these differences helps you select the kind of POA that meets your needs and those of the person you care for. However, keep in mind that laws regarding executors vary by state or country; hence it’s advisable to consult with an experienced lawyer before taking steps toward obtaining a POA. Furthermore, setting up a POA doesn’t mean undermining their decision-making capacity but rather preparing to support them when they can no longer make decisions independently due to illness or incapacity. It’s about ensuring their wishes are followed responsibly and respectfully should they become unable to do so themselves. ## Determining the Level of Incapacity Before anything else, it’s crucial to assess the degree of cognitive impairment or physical disability your loved one is experiencing. This process, known as an Incapacity Assessment, involves examining their ability to understand and make decisions about their personal care, finances, and legal matters. Mental Health Laws differ by state but generally dictate that only a qualified health professional can conduct this assessment. It’s important to note that incapacity isn’t measured by someone’s physical abilities but rather by their mental capacity to make informed decisions. The next step after understanding the level of incapacity is determining whether they meet the legal definition of ‘incapacitated.’ This typically requires proving in court that your loved one lacks sufficient understanding or capacity to make responsible decisions concerning their person or property due to a mental disorder or other health issue. A detailed medical report from the professional conducting the Incapacity Assessment will be critical evidence for this process. Remember, acquiring power of attorney for someone incapacitated is not about taking control away; it’s about ensuring they have the necessary support when dealing with complex legal matters during challenging times. ## Initiating the Legal Process for Establishing a POA When initiating the legal process to get power of attorney for someone incapacitated, it requires detailed document preparation and a comprehensive understanding of [guardianship](https://caryestateplanning.com/cary-guardianship-lawyer/) alternatives. The process may seem intimidating at first glance, but breaking it down into manageable steps can make it less daunting. Here are four simple steps you must follow: 1. **Identify an Attorney**: Choose an attorney specializing in estate planning or elder law. They’ll guide you through the necessary protocols and paperwork. 2. **Prepare Necessary Documents**: Your attorney will help prepare documents such as durable power of attorney forms, healthcare proxy forms, and living wills. 3. **Court Petition**: In cases where the person is fully incapacitated without existing legal documents like a power of attorney, you may need to petition for guardianship or conservatorship in court. 4. **Consider Guardianship Alternatives**: If getting full guardianship seems too restrictive or problematic, discuss other options, including limited guardianship or supported decision-making agreements with your lawyer. Remember that this process isn’t only about protecting their financial assets and safeguarding their personal dignity and autonomy as much as possible in these difficult circumstances. ## Managing Responsibilities as a POA As the appointed decision-making authority for someone incapacitated, you must manage their financial affairs and personal care decisions. This includes paying bills, overseeing investments, making medical decisions, or choosing living arrangements on their behalf. You’ll be required to act in this person’s best interest at all times, putting aside your own interests if necessary. It’s essential to maintain transparency in all actions as a POA—keeping proper records of transactions made on behalf of the individual is not just good practice; it’s legally mandated in most jurisdictions. Additionally, consult with professionals such as lawyers or financial advisors when needed to ensure you’re making sound decisions that comply with legal requirements and are in the best interest of the person you represent. At [Cary Estate Planning](https://caryestateplanning.com/), we help clients establish an estate plan prior to becoming incapacitated. It is always beneficial to get your estate plan done ahead of these unforeseeable and unfortunate situations. Estate planning is best done sooner than later to define someone’s wishes more clearly. While there are options when someone is incapacitated, the process is more complex. Our team is here to provide trusted guidance with what estate planning option best serves our clients where they are now, based on their specific situation and the nature and scope of where they are in their planning. [Contact us](https://caryestateplanning.com/contact-us/) now for a consultation. ### Author Bio ![James P. Kelly, ESQ](/wp-content/uploads/2026/05/Paul-Yokabitus.jpg) **Paul Yokabitus** Founder & Estate Planning Lawyer Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons. [Linkedin](https://www.linkedin.com/in/paulyokabitus) | [Avvo](https://www.avvo.com/attorneys/27518-nc-paul-yokabitus-4559734.html) | [SuperLawyers](https://profiles.superlawyers.com/north-carolina/cary/lawyer/paul-yokabitus/42288eac-24f6-4803-b0c2-6ea242c3a96a.html) ## Schedule a consultation 900+ Google Reviews ## How We Help North Carolina Families CARY RALEIGH [Estate Planning](https://caryestateplanning.com/) [WILLS](https://caryestateplanning.com/cary-wills-lawyer/) [TRUSTS](https://caryestateplanning.com/cary-trusts-lawyer/) [PROBATE](https://caryestateplanning.com/cary-probate-lawyer/) [ELDER LAW & MEDICAID PLANNING](https://caryestateplanning.com/cary-medicaid-planning-lawyer/) [SPECIAL NEEDS PLANNING](https://caryestateplanning.com/special-needs-trusts/) [POWER OF ATTORNEY](https://caryestateplanning.com/cary-power-of-attorney-lawyer/) [GUARDIANSHIP](https://caryestateplanning.com/cary-guardianship-lawyer/) [ESTATE ADMINISTRATION](https://caryestateplanning.com/cary-estate-administration-lawyer/) [FINANCIAL PLANNING](https://caryestateplanning.com/cary-financial-planning/) [Estate Planning](https://caryestateplanning.com/raleigh-estate-planning-lawyer/) [WILLS](https://caryestateplanning.com/raleigh-estate-planning-lawyer/raleigh-wills-lawyer/) [TRUSTS](https://caryestateplanning.com/raleigh-estate-planning-lawyer/raleigh-trusts-lawyer/) PROBATE ELDER LAW & MEDICAID PLANNING SPECIAL NEEDS PLANNING POWER OF ATTORNEY GUARDIANSHIP ESTATE ADMINISTRATION FINANCIAL PLANNING Cary Office [1255 Crescent Green, STE 200, Cary, NC 27518](https://www.google.com/maps?cid=10586265549256419209) 900+ Google Reviews [Take Our Quick Planning Quiz](https://caryestateplanning.com/contact-us/) Raleigh Office [9121 Anson Way Suite 235, Raleigh, NC 27615](https://www.google.com/maps?cid=14359503740153328567) 900+ Google Reviews [Take Our Quick Planning Quiz](https://caryestateplanning.com/contact-us/) ## Also Read: [![8 Reasons to Consider a Power of Attorney Before Guardianship](https://caryestateplanning.com/wp-content/uploads/2024/08/guardianship-vs-power-of-attorney.jpg) 8 Reasons to Consider a Power of Attorney Before Guardianship](https://caryestateplanning.com/guardianship-vs-power-of-attorney/) [![Should I Establish a Power of Attorney in Case I Get COVID?](https://caryestateplanning.com/wp-content/uploads/2020/12/pexels-andrea-piacquadio-3768131-scaled-1-1024x683.jpg) Should I Establish a Power of Attorney in Case I Get COVID?](https://caryestateplanning.com/blog/should-i-establish-a-power-of-attorney-in-case-i-get-covid/) [![Spelling Out Your Medical Wishes Clearly: Living Will vs POA](https://caryestateplanning.com/wp-content/uploads/2023/12/living-will-vs-power-of-attorney.jpg) Spelling Out Your Medical Wishes Clearly: Living Will vs POA](https://caryestateplanning.com/power-of-attorney-vs-living-will/) Puja Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan. Marylin I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line. Lee After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning. Jon We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe. Tamara The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did! Tony Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm. ## Trusted Estate Planning Attorney Offices in Cary and Raleigh Serving all of North Carolina Cary Office 1255 Crescent Green, STE 200, Cary, NC 27518 [Get Directions](https://www.google.com/maps?cid=10586265549256419209) Raleigh Office 9121 Anson Way Suite 235, Raleigh, NC 27615 [Get Directions](https://www.google.com/maps?cid=14359503740153328567) Capability to meet virtually to help all NC residents [919-659-8433](tel:919-659-8433) [Contact Us Now](https://caryestateplanning.com/contact-us/) DISCLAIMER: The law firm of Cary Estate Planning cannot and does not represent you until our client intake process is completed. Further, we reserve the right to accept or decline to represent any person or organization in any matter. Nothing on this website should be considered legal advice. Copyright © 2026 Cary Estate Planning. All Rights Reserved. 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(Select all that apply) I own a home or real estate I own a business I have investments, retirement accounts, or life insurance I have children under 18 I have a child or loved one with special needs I’m caring for aging parents (sandwich generation) I’m approaching or in retirement None of the above / just getting started ### Where are you located? Cary / Western Wake County Raleigh / Central Wake County Chapel Hill / Orange County Elsewhere in North Carolina Outside North Carolina --- Source: https://caryestateplanning.com/how-to-get-power-of-attorney-for-someone-who-is-incapacitated/