QUESTION: Dear Legal Wiz,
I am a Canadian who is married to a Jamaican resident. He is currently in the hospital with a mental illness. I am wondering if there is a way to become his power of attorney to make decisions for him if he is not of sound mind? They have been treating him for a few weeks now but I don’t want them to let him out as he is not better yet. Is there a way to do this so I can make decisions for him?
RESPONSE: Dear Sirjuen
Only the person giving you power can sign the power of attorney. In cases like yours the capacity of the mentally ill may not be present.
Persons in similar cases are therefore guided to apply for guardianship through the Courts.
The above does not constitute or replace professional legal advice.
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