I live in Detroit, Mi. The Parent I am Speaking of is my mother & she lives in the home with me. I also have (2) brothers who no longer live in this state. There are no monetary gains, property or any other material possessions involved.
Landlord / Tenant Lawyer
Your mother has to be competent to give you power of attorney. This means that she needs to understand what she is doing. It sounds as if she may still fall in that category; but it is important to take care of this quickly as, once her condition deteriorates to the point where she does not understand enough to grant power of attorney, you would then have to go to court to get guardianship; a much more expensive proposition.
If you mother is to ill to go to an attorney's office, there are many attorney who will make house calls. I would suggest you look into this immediately and, while you are at it, she should also have a Will and a Patient Advocate Designation (living will).
Best of luck to you,
John J. Keenan
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I agree with Mr. Keenan. You should have your mother visit with an attorney to have your paperwork drawn up, as soon as possible. If your mother does not have sufficient capacity, then you may need to seek guardianship for her.
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Take your mother to an attorney ASAP-the attorney can determine if she has the capacity
to sign a legal document.
A POA is much better than any alternative as explained.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
People with dimensia will often have moments of clarity. You will need to have her sign during this time and a good attorney will be able to determine when this is.
Estate Planning Attorney
The type of Duarable Power of Attorney that you most likely need is one to act as her agent for health care and medical decisions. The capacity for granting this type of power is that the patient trusts you to do as the patient wants as far as healthcare procedures and decisions. This may be simpler for her to understand than the more diverse and complicated power of attorney for general purposes. It is important that she communicates this directly to the attorney that will draft the document and that you are not seen as unduly influencing her to execute the document .
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