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How do i declare my mother mentally incompetent and get power of attorney over her? law answers (135940)

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Q: 

is it legal and binding if i sign my mothers name on a legal paper without power of attorney

A:  No. Unless you were personally directed by your mother to sign a document, the lack of a power of attorney would make the document invalid. It could also subject you to either criminal or civil fraud. The best solution for handling affairs of someone else is to have a trust set up. Another alternative is a power of attorney but this provides much less protection for both the grantor and the person holding the power (also known as the attorney-in-fact.) I hope this helps! Ron Cappuccio www.SaveYourEstate.com...

Q: 

my step father would like me to have power of attorney over my mother at his passing. They live in FL and I in MO, I have found several free online forms, which one would I fill out, FL or MO?thanks Heather

A:  The one in Florida where she lives. However, I would recommend against an on line form. You get what you pay for them, and they have a much higher probability to be invalid or unsuitable then if you go to an attorney to get it done right. Durable power of attorney''s are not that expensive, and a mistake is very expensive. My recommendation is that your mother go to a local attorney that does this work, have them prepare it and have your mother sign it there. Your presence is not needed. It should be done in one visit. If she cannot afford an attorney, she should contact legal aide or the local bar association to help...

Q: 

My mother is facing going into a nursing home. Does this mean she will have to sell her home, and all assets? and also will I be responsable for my parents credit card debt if i have power of attorney.

A:  Not necessarily. Each state has Medicaid rules which outline what assets she can keep. I am not familiar with the Georgia Medicaid rules if your mother is in Georgia. I also do not know what other assets she has, what the house is worth (whether mortgaged or owned free and clear) or if she is married. And I cannot speak to you regarding your mother''s problems for ethical reasons, but since you have a power of attorney, I suggest that you consult an elder care attorney in the state where your mother is located. There are attorneys who specialize in elder care/health law and Medicaid planning....

Q: 

2 days before my mother passed I sold her home. I had durable power of attorney to do so. Now I need to get a deed for the buyer.

A:  Did you execute the deed with the durable power of attorney before her death? If you did not, you should know that the power of attorney is completely ineffective after she dies. You can''t deed the property to the person you made a deal with under the power of attorney. You may be able to deed the property using heirship affidavits, or you can open an estate. Are there other children of your mother? You should see an attorney. You can really cause yourself some trouble if you attempt to deed property without a legal right to do so....

Q: 

What happens to my mothers home if she has no will, only a power of attorney?

A:  It could end up in probate court if she passes you could do a quick claim deed because of her mental stat of mind or you can take it in front of a judge and he can file the nessary paper work your going to need to make the house yours so thats the route i would take...

Q: 

My mom is incompetent and cannot handle her personal and business affairs. She does not have a power af attorney or a will

A:  It is now too late for her to give anyone a power of attorney. In order to get access to her money and her business to take care of her, it will be necessary to petition the court to have her declared incompetent and someone appointed guardian which gives them legal authority to handle her affairs.In the absence of her own will, the state makes a will for her called intestacy. Basically, assets go to spouse and descendants upon her death. --...

Q: 

My husband is mentally ill and an alcoholic, how can I put an Irrevocable power of attorney in place in Everett. Massachusetts?

A:  There is no irrevocable power of attorney.  Your husband may not have the mental capacity to execute a general power of attorney.  You need some careful planning regarding the nature and title to his assets and his treatment. A conservatorship would be suitable and permanent. You will need a medical certificate from a physician who states that due to his condition he is unable to handle is affairs or perhaps even his medical treatment. Then you present a petition to the court to be appointed conservator.  You are welcome to contact me in this regard at 978-561-1196. Yes, a guardianship or conservatorship would be more suitable for your needs and intended purpose. 

Q: 

If a patient creates and signs a durable health care power of attorney then later becomes incompetent, is the health care power of attorney enough?

A:  In Florida, the term for medical power of attorney is ''health care surrogate'', see Florida Stat. § 765.201, et alia. Assuming the form the patient signed meets the requirements of the Florida Statute, it''s legal effect would survive incapacitation by the patient; however, one would need to inspect the terms of the document to determine whether anything else is required. For instance, the health care surrogate form may say that it is only effective once the principal''s attending physician has declared him or her to be mentally unfit to make their own medical decisions. In such a case, the attending physician would usually make the finding of incapacitation in writing and this...

Q: 

My mother died. Left no will. Family members know that the person who had power of attorney was stealing. Have proof. What legal option do we have to recover the stolen funds? We live in Indiana

A:  Maybe none. Your mother gave the power willingly and was (I assume) competent. Talk to an attorney there but you probably can''t sue on behalf of your deceased mother -- you have no standing. But you need to talk to an Indiana lawyer. power of attorney is the key to the vault. Take your proof and speak with a laywer familar with the estate laws. You may have a criminal case against the person who was POA, as they have a fiduciary duty to your mother. Of course, the DA may refuse to file for a number of resons, but if your proof is compelling, you may be able to sue to...

Q: 

I live in New Jersey and my mother lives in New York I need to become power of attorney for her financial and medical affairs. Where do I start?

A:  Answer You really should see a lawyer, and have him/her draw up the appropriate documentation that indicates you as the power of attorney. The document then must be signed by your mother. The fact that your mother and you live in separate states is not an issue. However, make sure you understand that the laws that apply in New Jersey may not apply in New York. You must understand the laws and procedures of the state your mother is residing in. Your lawyer should be able to appropriately advise you. Viper1 NEXT ANSWER: New York can sometimes be particular about...