What to do if my mother is 85 and I’m 60 and ill but am afraid that once I am gonecertain relatives will get her to sign Power of Attorney or new Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my mother is 85 and I’m 60 and ill but am afraid that once I am gonecertain relatives will get her to sign Power of Attorney or new Will?
Is there anyway to prevent this?
Asked on March 11, 2013 under Estate Planning, Arizona
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
The only way to prevent this completely is to place your mother under a guardianship (conservatorship in some states). This is an extreme action. It requires that your mother be declared totally incapacitated by a probate court. Once that happens, she will basically lose all her rights, the court will appoint a guardian, and the court will oversee everything that happens.
Does your mother have capacity to execute new legal documents? If so, I strongly suggest that you take her to an elder law attorney in your area to create and execute as many documents as possible to prevent the family from exercising undue influence over her.
If your mother does not have capacity to execute new legal documents, I still suggest you consult an elder law attorney in your area immediately. Your mother and you need good advice about this. There are methods that can be used to make it very difficult for "certain relatives" to take advantage of your mother and to exact consequences if they try it.
I hope this helps.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.