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

Asked over 1 year ago - 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)

  1. Ben Hyder Houston II

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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!

  2. Ruth Elaine McMahon

    Contributor Level 18

    6

    Lawyers agree

    Answered . 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.

  3. Joseph Michael Pankowski Jr

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more
  4. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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. ******... more

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