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

You would need to establish a guardianship. There are several types and we would be happy to discuss your options with you.

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.

No, if your mother can't sign you would need a conservatorship, which requires a court proceeding.

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.

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.

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.

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.

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.

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.

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.