How do I execute a POA?

My mother has dementia and it will become necessary sometime in the future to transfer the condo she and I live in to my name. It’s in hers now. I have a POA prepared by an uncle in 1999 who is now a retired attorney, but, he too has dementia, much more severe than my mother. I have one sister who is aware of the situation. I just need to know what steps to take with this POA. Where do I take it?

Asked on December 28, 2010 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your Mother already has dementia then she can not execute a new Power of Attorney. The old Power of Attorney is probably fine and valid but it really is best for you to make an application to be appointed as the conservator of your Mother's estate.  This would include making decisions not only about her assets but also about her health and medical issues.  It also lets everyone else involved know that you are ding whatever you need to protect her assets and that it is all on the up and up.  I would not suggest transferring anything in to your name if in fact there are other heirs to your Mother's estate.  Perhaps you can discuss creating a trust for the benefit of all and transferring the assets in to the trust.  Seek legal help.  


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