How can I get a power of attorney and declare someone mentally incompetent without the individual's cooperation? What is involved?

I suggest you contact an attorney to discuss your situation. This forum is currently sponsored by Shawn C. Newman and you can find contact information on the banner advertisement above. Also, LawInfo’s Free Legal Resource Center has a variety of information which may be useful to you. You can find it here: www.resources.lawinfo.com.

I had this exact issue with my grandmother and because I put it off, I had to go to a few attorneys to find one willing to help.

Apparently, once she is past the point of coherence, it was no longer legal to transfer ownership of her finances to my grandfather.

You'll need to find an attorney who handles these types of cases; I'd also try to get a doctor that would agree with you about the metal state of your father. These types of cases can be very trying on a family; especially when the father isn't willing or understanding of whats going on. I'd also consider having a consular ready for you and your father to visit to discuss issues that may arise during this or after it.

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Short answer -- you can't. You would need to have a guardianship established (very expensive and time consuming). However, does he have "lucid intervals" of capacity -- or is he totally, permanently, and constantly disabled? If he has moments of capacity, you may be able to establish one with the right attorney (this is commonly used with people who have mild to moderate forms of dementia/alzheimers).

Find an attorney that specializes in elder law - he or she will understand how to properly evaluate your father and what to do. Make sure he or she clearly explains who the client is (i.e. you or your father).