If my mother is in a nursing home, how do I go about taking over her affairs for her since my grandma is terminal and can no longer do it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mother is in a nursing home, how do I go about taking over her affairs for her since my grandma is terminal and can no longer do it?

What are the first steps or direction that I should go in? My grandmother takes care of all my mother’s medical and financial stuff. However, my Grandmother is dying of cancer and is in hospital now.

Asked on June 30, 2014 under Estate Planning, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother is mentally competent, she execute a Power of Attorney (POA) giving you authority over her financial, legal, business, etc. affairs; and she should also execute  a health care directive, expressing her wishes for medical care and giving you authority to make medical decisions. A lawyer can draw these up inexpensively and quickly; they are standard forms.

If she is not mentally compentent, you would need a court (the chancery court, sometimes called in this context surrogate's court) to appoint you her legal guardian. This is not an easy undertaking--it's not like suing someone in small claims court. You should definitely get an attorney, such as on specializing in elder law, to help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption