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Trying to get a durable power of attorney for mother with Alzheimer she is in a nursing home but just for a couple days who is

Memphis, TN |

unable to sign or make decision need durable to care for all her needs to get her admitted permanently. no help my sister is bipolar and not able to help .what do i do where do i turn .HELP!!!!!!!!!!!!!!!!!!!!!! LIKE YESTERDAY

Attorney Answers 4


I am sorry to hear about your Mother's illness. Unfortunately, if your Mother's mental state has deteriorated to such a degree that she is no longer capable of making her own decisions, then it is too late for her to execute a durable power of attorney. You will need to hire an attorney to file a conservatorship, and seek to be appointed as her conservator. You can search for attorney's who handle this type of case on Avvo, or you could also contact the Shelby County Bar Association.

Best of Luck!

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It appears that anything your mother signs could not be honored because she cannot make decisions. Please consult a guardianship attorney. Guardianship appears to be the only option in this case. Good luck.

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Attorneys Houston and McMahon are correct. Unfortunately, it appears that your mother no longer has the necessary legal capacity to execute a power of attorney. Accordingly, you should retain an attorney who can assist you with the necessary legal documentation to petition a probate court to become your mother's fiduciary. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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I agree with my colleagues. I would simply add that if this were simply a case of physical inability to sign, you might be able to work around the problem. Mental incapacity means that you cannot get a POA in place. That leaves you with probate proceedings to be appointed guardian/conservator for your mother. A probate attorney could greatly benefit you in working through this. The attorney fees are payable from your mother's assets, once you are appointed.

I am very sorry that you are facing these challenges without the help of family.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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