How can I act as the only living heir and care provider? 10 Answers as of October 25, 2012My sister has left me everything in her will as well as bank accounts, house and all other assets. The question is what if she just becomes incompetent and unable to function or make decisions? How can I access her money to provide for her care, bills or other needs that may arise?
Burnham & Associates | Stephanie K. Burnham
Your sister may want to consider preparing Durable Powers of Attorney and Durable Powers of Attorney for Health Care. These two documents will allow you to assist her with financial and medical issues should she be deemed incapacitated.
Answer Applies to: New Hampshire
Theodore W. Robinson, P.C. | Theodore W. Robinson
If you don't already have a Power of Attorney to act on her behalf, then you'll need to apply to the Court to be appointed as her Guardian. Speak to a lawyer about it right away because it takes some time. Good luck.
Answer Applies to: New York
Law Office of Richard B. Kell | Richard B. Kell
This is a very common problem for aging people. They have a will, but fail to execute many other important documents, such as a Durable Power of Attorney, Health Care Proxy, etc. As you pointed out, issues regarding capacity generally arise and must be dealt with for a long time before one's eventual passing. Therefore, I would suggest that you speak to an experienced estate planning attorney in your jurisdiction as soon as possible.
Answer Applies to: Massachusetts