What to do if my mother is 85 and I’m 60 and ill but am afraid that once I am gonecertain relatives will get her to sign Power of Attorney or new Will?

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What to do if my mother is 85 and I’m 60 and ill but am afraid that once I am gonecertain relatives will get her to sign Power of Attorney or new Will?

Is there anyway to prevent this?

Asked on March 11, 2013 under Estate Planning, Arizona

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The only way to prevent this completely is to place your mother under a guardianship (conservatorship in some states).  This is an extreme action.  It requires that your mother be declared totally incapacitated by a probate court. Once that happens, she will basically lose all her rights, the court will appoint a guardian, and the court will oversee everything that happens.

Does your mother have capacity to execute new legal documents?  If so, I strongly suggest that you take her to an elder law attorney in your area to create and execute as many documents as possible to prevent the family from exercising undue influence over her.

If your mother does not have capacity to execute new legal documents, I still suggest you consult an elder law attorney in your area immediately.  Your mother and you need good advice about this.  There are methods that can be used to make it very difficult for "certain relatives" to take advantage of your mother and to exact consequences if they try it.

I hope this helps.


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