If my mother is terminally ill and considered to be mentally incapacitated, how do I get power of attorney?

UPDATED: Apr 3, 2012

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If my mother is terminally ill and considered to be mentally incapacitated, how do I get power of attorney?

My mother is terminally ill and now is classified as mentally incompentent according to hospice care facility. My mother is under the care of her sister and she has restricted the family from visiting, including myself. What should I do to become my mother’s primary caregiver and to gain POA? I need to be able to obtain sole responsilibility for my mother and not sure how because once she is released from hospice, she will be retturning to my aunt’s home. What can I do to stop this? I am not sure how to handle this situation.

Asked on April 3, 2012 under Estate Planning, Florida


Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 10 years ago | Contributor

You have waited to long and as a result a POA document is no longer available. You must now retain an elder law or family law attorney to petition the court for a guardianship/conservatorship.  This will cost you a lot more than a DPOA.  This is why planning early is good and essential idea.

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