My Grandmother is in a Nursing home - She has dementia - We are handeling all her bill - how do we get power of attoney

If she cannot understand a legal document-you will a guardianship proceeding.

She may not be competent to grant a POA. If not, then you will need to petition for appointment as her guardian.

As the other two attorneys already explained it is too late to get a power of attorney from her if she no longer has the capacity to understand what she is signing. You will need to obtain legal guardianship of her now, which will be a much more expensive and lengthy process.

We would need a bit more information to be better able to provide guidance. First, did she ever previously sign a power of attorney? You would need to make sure of that prior to seeking one as the rules/law was updated effective January 1, 2015. Second, she may have dementia, but she may not be completely unable to speak about her affairs. If she still has lucid moments (usually in the early morning) you should ask her what she wants to do. If she is able to indicate she wants someone to handle her affairs then you should contact an attorney who handles Powers of Attorney and who could perhaps meet her in the facility. She may also want that person to make decisions about her healthcare as well and may want that person to serve as her guardian when she is unable to make any decisions or some decisions. In this case the POA can also extend into her incapacity and you might be able to avoid a guardianship. If she is not able to make decisions, for instance if she has advanced dementia, then a guardianship is the way to go. Filing a guardianship in PA is not that hard. You will need a guardianship attorney for the county your mother is now living in (where the facility is located). If you are already her representative payee for her social security check and she has no other money, then you need to look at whether or she needs a guardianship (cost benefit analysis) if you are only talking about paying her bills. If she needs to sell or transfer ownership of her primary residence, then you want to see if she has a lucid moment and could sign the paperwork herself in front of a notary. That would avoid a POA and/or guardianship. If she is to far along with her dementia then you would likely need a POA or guardianship to make that happen. Please be aware that transfer of assets improperly (even with the best of intentions) may result in problems with her eligibility for Medicaid for long term care facilities. To make sure you get the most appropriate advice for your situation, you should consult an elder law attorney in the county she resides in (where the facility is located). I changed your category to Elder Law from Guardianship as it better reflects your needs. I wish you a positive outcome.