What kind of power of attorney so I need and what do I need to obtain t
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What kind of power of attorney so I need and what do I need to obtain t
My mother has been diagnosed with
early onset of alztimmers here driving
privliges have been taken away and
reported to DMV by her doctor. I need to
be able to pay her bills etc but I need
some help getting power of attorney so I
can do so. Please I need help. My name
is Pamela mccollum 916-467-3538.
Asked on August 8, 2017 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF she is still mentally competent, she can execute (sign) a general power of attorney giving you power over all her financial transactions. Since you need to make sure it is properly witnessed so as to be enforceable, the easiest thing is to go to an attorney who does POAs and have him/her draw one up (they are very standardized and a lawyer can do this quickly) and then make sure that it is properly signed and witnessed. Any attorney who does wills should be able to do this, too, and can also help with any other appropriate documents, like a living will or health care proxy to let you direct medical treatment.
(Note that if she is mentally competent, creating a POA is voluntary for her; she could refuse to do this.)
If you mother is already not mentally competent any longer, due to the Alzheimers, she cannot grant a POA--only mentally competent persons can do that. In this case, you'd need to have a court formally declare her incompetent, based on medical evidence and doctors' testimony, then appoint you her legal guardian, which will give you the authority you need. To discuss this option, consult with an elder law attorney.
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.