My widowed mother with Alzheimer's refuses to give Power of Attorney to a family member. What can I do?

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My widowed mother was diagnosed with alzheimers. She's in AZ - we're in MI. She refuses to give power of attorney to anyone.

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Expert Answer
3930 helpful answers
Since she is diagnosed with dementia, you could go to court for guardianship and/or conservatorship. It's hard, but it may be your only choice. I'd seek advice from an elder attorney. You may get help there.
Carol
Expert Answer
394 helpful answers
If there is a diagnosis of Alzheimer's you are probably past the point of having a Durable Power of Attorney executed in that one must be mentally competent to grant such powers.

A saving grace may be if she has revocable living trust that is funded with her manageable assets and names you as successor trustee in the event of her incapacity but I'm guessing you would know if that were in place.

In this instance there is generally no other alternative than to go to court and have a guardian named. If you go this route I would do some very careful homework first to find out if your jurisdiction is friendly to family guardians vs. corporate guardians. Sometimes its a particular judge. You don't want to go to court and come out finding that a guardian has been appointed, and its not you!
We are dealing with 2 states - she lives in AZ and we are in MI. Explain "revocable living trust" please.

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