If my daughter has had a stroke and I want her to sign a full power of attorney but she has an upcoming trial, will I become responsible for paying for a lawyer?

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If my daughter has had a stroke and I want her to sign a full power of attorney but she has an upcoming trial, will I become responsible for paying for a lawyer?

She has a jury trial for violating her probation coming up. Right now she has a court appointed one. I’m hoping she’ll be able to keep him.

Asked on February 13, 2015 under Criminal Law, New Mexico

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your situation.  How is her condition after the stroke?  My concern is that she may not be considered capable under the law to execute a POA.  You may need to apply to the court to become her guardian and/or conservator.  Please research that issue.  Now, as for court appointed attorney, he should be staying put.  Her financial situation has not changed, correct?  Your financial situation is not imputed to her because you become her caregiver.  Good luck with everything. 


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