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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37067
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I live in N Texas. My mother and stepfather live in upstate

Customer Question

I live in N Texas. My mother and stepfather live in upstate NY. My 85 yr old stepdad is in the hospital from metastatic cancer. My 92 yr old mother is at home. My stepbrother called and said he can't take care of my mother any more, as she's mentally incompetent as is his father. I've tried several times over the last two or three years to get my parents to tell us how they are to be provided for in just this event, but they've been secretive. None of my stepdads kids or I (only child) know whether they have a will or a trust... I want to get power of attorney over my mother so I can protect her interests and see she get health care. How do I go about this? How can I get a copy of their will, so I'll know how to prepare for their death. He's in bad shape..she's healthy physically, but mentally has list her short term memory to a severe degree. I need help.(###) ###-#### Joan A. trahan
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If mother is mentally incompetent, then she couldn't legally grant a power of attorney. So you would have to file for a formal guardianship over her in the local probate court where she lives to have a judge formally appoint you are her legal guardian. Once that occurs, you are in complete control over her finances and her care. But her will wouldn't have anything to do with how she is to be cared for while she is living. A will only becomes binding when the testator passes.

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But as the guardian, you would have the legal authority to access all her assets and determine what they have so as to be able to use it on their care.

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If you don't want to file the guardianship petition yourself, you would need to contact a local family law or elder law attorney to assist with the process.

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thanks

Barrister

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