My stepfather has been in ICU for nearly 2 weeks and is noncommunicative. My mother has early stage alzheimers and requires some assitance with day to day decision making and tasks. How can I get Power of Attorney so that I can make decisions and handle banking issues should she become completely incapacitated and he not recover?
Country relating to Question: United States
State (if USA): Texas
Good morning. At this point, because your father is non-communicative, he cannot give someone a POA because he doesn't have the requisite mental capacity. If mother is in the very early stages of Alzheimer's, then she is still likely to have the mental capacity to give a Durable (meaning it survives mental incapacity) Power of Attorney for her affairs which would give you access to what you need. If she does not, you would need to file a petition in family court to have the court declare them incompetent and yourself appointed guardian. Let me know if you need a form for a POA.
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With just her signature on a Durable PofA would I be able to become a signator on their joint checking account so that I could take over the bill paying?
Yes...but the POA will need to be witnessed and notarized. If you want to make sure you have access to the account, it is always advisable to ask the bank for their POA form so that you know in advance the form is acceptable to them.
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