How do we prove capacity for a hospital power of attorney? | NC

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Q: How do we show my partner has capacity to sign a power of attorney while in the hospital? A: The key is to show capacity at the exact time the document is signed. In North Carolina, being in the hospital, being seriously ill, or being on a respirator does not automatically mean someone lacks capacity. Your partner must be able to understand what the power of attorney does, choose the agent,…