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If your parent is still competent they can sign a durable power of attorney document making you their agent. However, if your parent is already too ill to execute a durable power of attorney then you would need to petition the court of jurisdiction to be appointed guardian or conservator. You should seek the advice of an attorney to discuss your options. It is important that you do so as soon as possible.
If your parent is deceased you cannot be appointed under a power of attorney since only a living person can appoint an agent. You must probate their estate.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoYou would need a medical certificate of incompetency from a Physician. You could then apply for Power of Attorney through the courts. I must advise, however, this can be quite a difficult process. Further, different states have different laws regarding this.
Wiki User
∙ 9y agoApply to the probate court. They can provide the list of requirements and forms necessary.
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Can you challenge the power of attorney your step mother has for your father that has alzheimers?
You could attempt it, but you would have to prove to the court that your father was not of sound mind and body when he signed it.
Your sister has your mothers power of attorney your mother has since been diagnosed with alzheimers your sister is now suffering from the same thing that your mother has how can you take over?
You will need to see an attorney, have you sister diagnosed by qualified medical professionals, and seek the assistance of the courts.
Can you get power attorney if your mother still know you?
If your mother grants you the power of attorney. Otherwise it will require a court order.
Can the mother of your adopted niece revoke a power of attorney?
People can dispute whatever they want. But, assuming the power of attorney was for you if you become incapacitated or incompetent and named your mother as your power of attorney in that instance, she'll lose if she disputes it. You can name whomever you want as your power of attorney and no judge anywhere would rule otherwise.
Can a person who has durable power of attorney and is joint owner of a house with their mother who has alzheimers add their spouse to the deed without permission of the mother who can not understand?
I would say no because you are trying to convert an asset to your benefit and to your mother's detriment. The Registry would look at this sideways and would bring attention to you which may result in a Trustee looking after your mother's affairs. What is your motivation for doing this?
If Your father had your mother sign a new will after she had been diagnosed with alzheimers is the will legal?
You are in a difficult position. Your mother's doctor would be the best person to make that determination right now but he cannot discuss her health matters with you without her permission. Your mother may have the legal capacity to make a will. There are varying degrees of Alzheimers. If you have honest doubts that your mother was aware of what she was doing when she signed a new will you should consult with an attorney. Whatever you decide you should act ASAP since Alzheimers advances quickly in some patients.
My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
Can you use a power of attorney to buy a funeral policy for your mother?
In most cases it is possible. Unless there are restrictions in the power of attorney document.
How can you find out if a will is filed with the court my mother is still living and has alzheimers?
A will is not filed with a court until after the person dies.However an enduring power of attorney is filed for people who can not look after their affairs any more.In both cases the will and or enduring power of attorney documents need to have been prepared (signed and witnessed) by the person BEFORE they lose their mental faculties.If you are trying to find a will or power of attorney document, the place to start is with your mother's solicitors. They will probably have the original on file.If there is no will, it is to late for her to make one now and when she dies she will do so "intestate" and the state will be responsible for administering here estate as the laws of your country dictate.If you are after powers of attorney, to deal with your mother afairs now that she can not and there is no documentation signed by here indicating how she would want this done, then you will need to get a solicitor (attorney) to apply to a court for these powers.
Can you legally stop a financial decision by your mother without power of attorney?
You must be a court appointed guardian to over-ride your mother's decisions. A Power of Attorney does not give you that type of authority.
How do you get added as a dual power of attorney along with your sister who has current Power of Attorney for our mother?
Your brother cannot be the 'power of attorney' for your mother's estate. A Power of attorney is extinguished upon the death of the principal. If your mother has died then your brother has no more authority over her property. In order to obtain the legal right to manage her estate you must apply to the probate court for appointment as the personal representative of her estate.
Can you pick up your mother's pension?
Only if you have your mother's power of attorney may you pick up your mother's pension.
