Follow
Share
This question has been closed for answers. Ask a New Question.
If she has diagnosed dementia, you will likely need to see an elder law attorney or estate attorney. You may even have to go to court. Legal advice is likely to be necessary, anyway.

Take care,
Carol
Helpful Answer (0)
Report

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.
Helpful Answer (2)
Report

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...
Helpful Answer (0)
Report

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
Helpful Answer (0)
Report

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
Helpful Answer (0)
Report

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.
Helpful Answer (0)
Report

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.
Helpful Answer (1)
Report

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)
Report

This is tough because usually you are not suppose to have them sign if they are not thinking with a clear and stable mind. I would try downloading a form from legalzoom or http://powerofattorneyform.com and see how far you can go.
Helpful Answer (2)
Report

My 93 year old father has a sister who is 86 years old who is in a coma. There is no power of attorney. My father has verbally relinquished her care to a handyman who is going to have the sister moved to a medical assistant living hospital. There are no legal documents that have been drawn up which shows this transfer. Does the handyman have any rights or is my father still responsible since he is her only living brother.
Helpful Answer (0)
Report

L7777 that's one wild story! The medical folks should not be dealing with a non-family member without even a HIPAA release. Not sure what they will do with her at the facility (not sure exactly what type of facility you mean) if she is unconscious, but without a valid advance directive it may not be what anyone really wants for her.

Next question - what is in place for your dad??
Helpful Answer (0)
Report

My has decided to remove himself because he does not want to do anything. He says that he is to old but he does drive even though he's 93. Anyway, he figures that giving the hospital's case worker the verbal approval to the non-family member absolves him of doing anything. The non-family member is supposed to get her into a place that handles medical conditions. She is unconscious, on a breathing machine and all possible avenues of helping have been exhausted. As I mentioned this person does not have any legal right or guardianship. Wouldn't the hospital be legally responsible if they released this comatose person to anyone let alone a facility? This situation is just unbelievable.
Helpful Answer (0)
Report

My mom had 3 stokes and can't get around by her self any more or bath herself by herself, and she's incontinence, has eye sight problems so she can't see to sign anything,or work a motor chair I have to push her around in a wheelchair. How do I become her POA?
Helpful Answer (0)
Report

How do I get POA for my dying husband and get him home before he dies where he did not want to die?
Helpful Answer (0)
Report

Granny, your husband can appoint you to be his POA as long as he is of clear mind. If yes, then call around to the different Elder Law Attorney offices in your area to see if they have an Attorney who can go to the hospital [or where ever your husband is staying] to see if a POA could be drawn up.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter