MY MOTHER HAS HAD COGNETIVE TESTS THAT STATE SHE IS AT 5% OF HER AGE GROUP (77 YEARS ) AND HER EXECUTIVE FUNCTIONS ARE AT 1% .. i NEED TO BECOME HER PAYEE AND HER PENSION FUND OFFICE IS WILLIGN TO DO IT WITHOUT A COURT ORDER.. SHE SPENDS MONEY FASTER THAN SHE GETS IT AND OWES THE ASSISTED LIVING HOME OVER 8.000.00HOWEVER EVERY BANK I HAVE TALKED TO SAY THEY NEED IT WILL NEED A COURT ORDER.. 1. CAN I GET A COURT ORDER WITHOUT HER KNOWING IT?2. CAN I GET A COURT ORDER WITHOUT A LAWYER?
Country relating to Question: United States
State (if USA): Minnesota
I GOT A PAYEE ASSIGNED AND SHE DIDNT WOULDNT TALK ABOUT THE COUNTY SUBSUIDES SHE GETS, THEY WOULDNT EVENT RETURN MY CALLS. THEY DIDNT PAY HER HEALTH INSURANCE NOR HER PHARMACY BILLS...
COUNTY OFFICES ARE ALL FOR ME BECOMING THE PAYEE...
You can't get the court order without her knowing it - because she has a right to be present and notified of the hearing.
That said, a judge will appoint a "guardian" to oversee her best interests and determine if she is mentally incapacited as determined by medical professionals.
You could definitely do this without a lawyer but the process can be tricky (but it can be done).
i already have the paperwork that shows she is incompetent... My aunt has Power of Attorney still, the 3rd party only talked mom into revoking mine, after she helped her spend all of the money.. I digress...
If your mother is mentally incompetent, and your aunt has POA,
you will need to file to have the POA dissolved (for mismanagement) AND also to have your mother declared incompetent...
Can my aunt sign the papers to assign me as the payee. And if that is the case, if my mom finds out what bank the money is in, can she get the money out? we are takling about 2,100.00 a month. No assests at all
asking that you be appointed.
Your aunt could do that IF the POA allows it (and if it is broad, it presumably will)...
meaning her assignment of the monthly funds has to be permissible per the terms of the POA
You could not be the PAYEE on your own...because: a) that is mismangement of your mom's funds - because someone has to be able to oversee what you're doing; and b) that increases YOUR taxable income because over a year it will be more than the allowable gift exclusion.
The POA was braod, it covered everything due to the stroke...
I believe I have answered your questions but don't see anything further from you...
18 yrs trial attorney, professor of criminal law and ethics
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