Can I get a power of attorney for my parent? 12 Answers as of August 31, 2011

My mother is in critical care and is not able to sign a Power of Attorney. Can I sill get one to access her bank account to pay her bills?

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Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You would need to establish a guardianship. There are several types and we would be happy to discuss your options with you.
Answer Applies to: Florida
Replied: 8/20/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
No. If she is not able to sign or understand what she is signing you will be unable to assist her. You can, however, petition the probate court for a conservatorship which will allow you to act in her stead.
Answer Applies to: Connecticut
Replied: 8/20/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
No, if your mother can't sign you would need a conservatorship, which requires a court proceeding.
Answer Applies to: Oregon
Replied: 8/19/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If your Mother cannot sign then you will need to Petition for Guardianship in order to have the authority to pay her bills with her accounts.
Answer Applies to: New Hampshire
Replied: 8/19/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
She is the only one who can grant a power of attorney. Otherwise, a conservatorship over her person or her estate would have to be applied for through the courts.
Answer Applies to: California
Replied: 8/19/2011
    Law Offices of Brian Chew
    Law Offices of Brian Chew | Brian Chew
    Unfortunately if she can not sign a Power of Attorney, then you will need to goto court and petition to be named as the conservator of her estate (and potentially the conservator of her person as well). Once appointed, you can access the funds in the bank.
    Answer Applies to: California
    Replied: 8/19/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It is too late to obtain a power of attorney. You may pursue obtaining legal guardianship through the court system. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
    Answer Applies to: Nevada
    Replied: 8/19/2011
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    Your mother has to be the one to sign the power of attorney. If she is unable to sign due to incapacitation, your only alternative (assuming you are not joint on the account with her) is to file for guardianship on her behalf.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No. Powers of attorney can only be given while someone is competent. Since she chose not to give you one, the only thing you can do now is seek guardianship.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    A Power of Attorney is a preventative tool. If your mother is already too ill to properly sign a POA, then it is too late.
    Answer Applies to: Massachusetts
    Replied: 8/31/2011
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