If my mother is terminally ill and considered to be mentally incapacitated, how do I get power of attorney?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother is terminally ill and considered to be mentally incapacitated, how do I get power of attorney?
My mother is terminally ill and now is classified as mentally incompentent according to hospice care facility. My mother is under the care of her sister and she has restricted the family from visiting, including myself. What should I do to become my mother’s primary caregiver and to gain POA? I need to be able to obtain sole responsilibility for my mother and not sure how because once she is released from hospice, she will be retturning to my aunt’s home. What can I do to stop this? I am not sure how to handle this situation.
Asked on April 3, 2012 under Estate Planning, Florida
Answers:
Steven Fromm / Steven J Fromm & Associates, P.C.
Answered 12 years ago | Contributor
You have waited to long and as a result a POA document is no longer available. You must now retain an elder law or family law attorney to petition the court for a guardianship/conservatorship. This will cost you a lot more than a DPOA. This is why planning early is good and essential idea.
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.