Our adult son has recently become mentally disabled and has bills we need to pay or collectors we need to notify of his disablity. The creditors will not talk to us about his debts because he is an adult. Do we have him sign a power of attorney or what? Thank you for your help.
Answer
If your son is mentally disabled he is not competent to sign a power of attorney. You would need to apply for a conservatorship over him.
Answer
Technically an incompetent person cannot sign a power of attorney. However, if he understands that he is giving you permission to obtain confidential information from the bank then an authorization from him to do that is all you need. Otherwise, if he does not understand what he is signing or if he understands but will not sign it then there is nothing you can do except start an expensive court case to have you appointed as his conservator. If he has no money or property that can be taken from the creditors then it might not make any difference whether or not he pays the bills.
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