Can I get appointed Power Of Attorney for my Mom's finances ?

Asked about 1 year ago - Chicago, IL

My Mom (81) appointed me Power of Attorney for her health. A year ago She had a major stroke that has left her unable to walk or verbalize. Her words are limited. She is married (46 years) how-ever, she did not want him making health related decisions for her. Both lived with me for the past 15 years. Recently, he made sexual advances/with money (he is 79) to my Mom's nurse's aide and I was told by "Plows council on aging" that if he did it again my Mom's services would be discontinued. I could not take that chance, so I asked my brother to take him (his father). Now that they are separated I would like to get Power of Attorney for my Mom's finances. My Mom has no other assets, she only receives Social Security. She is on Medicare and Medicaid.

Additional information

My Mom understands. She has a hard time getting her thoughts and words come out at the same time. Some times it's very clear and other times it's not.

Attorney answers (3)

  1. Judith Anne Schening

    Contributor Level 14

    8

    Lawyers agree

    Answered . This may be difficult to do by her executing a power of attorney for property because her mental capacity to grant it may be at issue. A POA is not something someone "gets," it is something someone else "gives." She has to want to give it and have the mental capacity to do so. Absent that, you will probably have to ask a probate court to establish a guardianship for her and ask the court to appoint you as her property guardian.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps.... more
  2. Alan James Brinkmeier

    Contributor Level 20

    5

    Lawyers agree

    Answered . What is her mental capacity? She must be of sound mind to sign any legal document, and you don't say/ Sure, she had a stroke but many are sharp after a stroke although they cannot speak well.

    AVVO is a free general legal information blog, not a substitute for legal advice. Look for an attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an attorney, contact them directly and schedule a consultation. You might be glad you did.

  3. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with my colleagues. A General Durable POA for financial matters is something that your mom can give to you, provided she has capacity. A lawyer should prepare this form and help you to deal with the practical issues surrounding this. You can have your mom set up a separate bank account to hold her SS benefits.

    The alternative would be probate appointment as guardian/conservator. Because of the added costs and hassles, POA would definitely be preferable, if you can get it.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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