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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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My mother just recently suffered a stroke, leaving her unable

Resolved Question:

My mother just recently suffered a stroke, leaving her unable to speak. She is in rehab learning to communicate. Is it possible to get temporary "power of attorney" to help with her personal assets while she is recovering?

Thanks
Cheryl
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

-Could you explain your situation a little more?
Is she mentally capable of understanding a POA?

Can she read and sign her name?

Customer: replied 7 years ago.

1) She is somewhat cohearant, but confuses names and is unable to complete sentences due to the stroke. She is knows what has happened, but can't really communiate.

 

What is POA?

 

2) I don't think so. She had trouble reading some get well cards.

Expert:  Dave Kennett replied 7 years ago.

-Could you explain your situation a little more?
A POA is a power of attorney?

It's not important if she can speak but that she understand what you are saying. Is she mentally competent?

Customer: replied 7 years ago.

I need to talk to the doctor treating her to get his input. Fully competent, doubtfull, competent enough to sign an X, maybe.

 

What's the situation if she is or isn't mentally competent?

Expert:  Dave Kennett replied 7 years ago.

DearCustomer- If your mother is competent to understand what she is reading then she can sign a power of attorney. If she is not mentally competent then she could not execute a POA and you would have to obtain a guardianship in the probate court. It is impossible for a mentally incompetent person to execute a valid power of attorney.

 

Another consideration is the long term prognosis as to whether she will recover sufficiently to ever be able to manage her affairs. If she can sign a POA then that would be the easiest route to take but otherwise you are facing the prospects of a guardianship.

 

So long as there is no animosity within the family over whether you should have a POA I really see no problem if she can at least understand basically what is going on. The problems arise when someone challenges the validity of the POA.

 

Dave Kennett

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