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Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 3920
Experience:  30 years of experience
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My sister and I have a problem, my mother is 84 years old.

Customer Question

Hello, my sister and I have a problem, my mother is 84 years old. My mother is in the home we have not We have no legal power of attorney nor a Legal medical power for her. What should wedo?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This not concerning real estate, this about my mother has no legal power of attorney. She has Dementia, and Alzheimer
JA: Has anything been filed or reported?
Customer: Yes, Doctor written a letter, it stated that she is incompetent
JA: Anything else you want the lawyer to know before I connect you?
Customer: My name is***** am writing this letter that my sisters want the name all three of us to take care of her affairs.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Gerald, Esq replied 1 month ago.

Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 1 month ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sorry that you are suffering with this burden. Please know that there are many fine "Memory" facilities for patients with dementia. As for your immediate concern -

Without a POA you are going to have difficulty getting your mother set up in a facility and getting control over her finances. What you or one of your siblings must do at this point is to Petition the Court for a Conservatorship over your mother. A conservatorship will establish one or more of you as the guardian of your mother. This can be broken into two parts: 1)Guardian over the Body and 2) Guardian over the assets of your mother. You need both.

You do not indicate what state you are in, but you want the assistance of a Family Law or Elder Law attorney. They can petition the Court for an emergency Order so that you can start getting things in order for your mother.

Use this link to help find a local attorney to help you:

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


Expert:  Gerald, Esq replied 1 month ago.

I will be going off line soon. If you have follow up questions I will respond to them as soon as I can. It may not be until later tomorrow.

In the meantime this article describes the Conservatorship in more detail:

Kind regards,


(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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