Such a determination is solely dependent upon the person granting the Power of Attorney and his or her physical and mental condition.
In order to properly make a valid and viable power of attorney, the maker of the document must possess sufficient knowledge and understanding of the act of granting such power.
Absent such knowledge and understanding (which can be determined by the witnesses and notary public viewing the individual who signs the document), the document could be without power or effect and could be challenged.
One parent can provide power of attorney for the married couple’s family assets, provided all assets covered are owned jointly.
For affordable and valid do-it-yourself help, see Standard Legal’s Power of Attorney legal forms software page.
There may be other options available through a court appointment as well. For advice specific to any personal legal questions, Standard Legal always recommends you consult an attorney; you can find one for FREE at Standard Legal’s Attorney Find page.