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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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Elderly dementia Mother in hospital. I thought I Was POA.

Customer Question

Elderly dementia Mother in hospital. I thought I Was POA. I'm executor of estate. Will a lawyer be able to help me (no family will contest) become her poa?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: New Mexico
JA: Has anything been filed or reported?
Customer: Not sure I understand
JA: Anything else you want the lawyer to know before I connect you?
Customer: She is possibly last stages...may be moved to a rehab if she recovers
Submitted: 5 months ago.
Category: Legal
Expert:  LawTalk replied 5 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Unfortunately, only a legally competent individual can grant another person a POA. While you might have an attorney draft a POA for you, if your mother is not competent, then even her signing of the POA would not legally grant you the right to act on her behalf.

In order for you to be able to assist her now that she is already suffering from dementia, you would have had to have already had a Durable Power of Attorney in place before she became incompetent. I am very sorry. All you can do is act immediately on her passing to become her Administrator, by filing a Probate Action in court----or file a formal petition with the court through an attorney to become her legal guardian and conservator of her estate which she is living. This would give you the legal right to act on her behalf---similar to a power of attorney but with greater legal powers.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,