How can I get Power of Attorney over my senile mother?

vstefans

Jul 7, 2011

You might need guardianship instead if she really can't give POA . Just having a little memory loss or "mild cognitive impariment" would not rule out her giving you a POA, but if she realy can't do it legitimately, go for the guardianship. The expense for a good eldercare attorney will pay off later - you want one who knows medicare/medicaid in your state like the back of his/her hand - I found an excellent one jut around the conrner from me, by looking up and reading web sites and blogs where you could tell they knew their stuff or not.

Helpful Answer (1)

nadiraayman

Sep 27, 2010

believe it or not, it is easier than you think. I am my father's P.O.A and have D.P.O.A and I was able to obtain these through the hospital by talking to a social worker there. they had all the papers ready the next day and my father signed them knowing he was unable to care for any legal or financial obligations any more. I am sure if you call her Dr. and ask if he can give you a referral to the social worker at your hospital, you will obtain these very easily as long as your mother is in agreement.

anonymous13319

Sep 27, 2010

I believe your mother needs to be of "sound mind" to be able to agree to sign over Power of Attorney to you. I am not sure what you can do if that is not the case.
btw: I do not think the term "senile" is used anymore...

joyce6551

Sep 27, 2010

Lilliput, Thank you so much for telling me the term "senile" was not used anymore, I am sure that will help me a lot, knowing that I used the wrong term

anonymous13319

Sep 27, 2010

You are so welcome...good luck with your mother. Financial planning, etc. is just another "thing" caregivers have to deal with. I hope your Mother's dementia is not too advanced.
Lilli

igloo572

Apr 6, 2011

Alot of this depends on what your overall family situation is. If you and your siblings are all in agreement on mom's care then doing a simple form like from the social worker should be fine. As long as everybody is all kum-ba-ya.

However if mom has been diagnosed with dementia, she does NOT have the cognitive abilities to do a DPOA. So it could be challenged in court.

You are best spending the money and seeing a elder law attorney. You should get a DPOA, MPOA, "incapacity in case of guardianship" statement done also. When you go take her will, funeral & burial and financial statements too so he can evaluate them too. Good luck.

endicott

Jul 5, 2011

My Mother has late stage Alzheimers and can no longer sign her name. I have seen a lawyer and am trying to get a Guardianship so I can legally take care of her affairs. It will cost about $1,500.00, but if there is no one to contest, it should go smoothly. The best way is to get Power of Attorney before they get they are so advanced.