What kind of power of attorney so I need and what do I need to obtain t

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What kind of power of attorney so I need and what do I need to obtain t

My mother has been diagnosed with
early onset of alztimmers here driving
privliges have been taken away and
reported to DMV by her doctor. I need to
be able to pay her bills etc but I need
some help getting power of attorney so I
can do so. Please I need help. My name
is Pamela mccollum 916-467-3538.

Asked on August 8, 2017 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF she is still mentally competent, she can execute (sign) a general power of attorney giving you power over all her financial transactions. Since you need to make sure it is properly witnessed so as to be enforceable, the easiest thing is to go to an attorney who does POAs and have him/her draw one up (they are very standardized and a lawyer can do this quickly) and then make sure that it is properly signed and witnessed. Any attorney who does wills should be able to do this, too, and can also help with any other appropriate documents, like a living will or health care proxy to let you direct medical treatment.
(Note that if she is mentally competent, creating a POA is voluntary for her; she could refuse to do this.)
If you mother is already not mentally competent any longer, due to the Alzheimers, she cannot grant a POA--only mentally competent persons can do that. In this case, you'd need to have a court formally declare her incompetent, based on medical evidence and doctors' testimony, then appoint you her legal guardian, which will give you the authority you need. To discuss this option, consult with an elder law attorney.


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