Can I still get a Financial Durable Power of Attorney signed for my mother if she now she has demetia and we didn’t finish it?

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Can I still get a Financial Durable Power of Attorney signed for my mother if she now she has demetia and we didn’t finish it?

How can I do this now?

Asked on September 4, 2014 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you can't get a power of attorney from a person (your mother) who is mentally incompetent--only mentally competent persons can give POAs. What you can do is have her declared incompetent by the court and have yourself appointed as her guardian. It takes a legal action (lawsuit) to do this. If you want to explore this option, consult with an elder law attorney.


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