How can I act as the only living heir and care provider? 10 Answers as of October 25, 2012

My 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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
You may be able to accomplish this by obtaining a financial power of attorney; however, I would consult with an estate planning attorney in your state to ensure that all of your concerns are properly addressed.
Answer Applies to: Ohio
Replied: 10/25/2012
Burnham & Associates
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
Replied: 6/23/2011
McCleary & Associates, PC
McCleary & Associates, PC | David M. McCleary
You should speak with a Texas attorney if your sister and her assets are in Texas.
Answer Applies to: Michigan
Replied: 6/23/2011
Theodore W. Robinson, P.C.
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
Replied: 6/22/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Generally you can provide for this occurrence through a durable Power of Attorney or an appointment of conservator.
Answer Applies to: Connecticut
Replied: 6/22/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    There are various instruments & options available to enable your objectives, which should be discussed in detail with an experienced attorney.
    Answer Applies to: Georgia
    Replied: 6/22/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Either by having her sign a Power Of Attorney to take care of her financial affairs or by having yourself appointed conservator by the court if she becomes incapacitated.
    Answer Applies to: California
    Replied: 6/22/2011
    Law Office of Richard B. Kell
    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
    Replied: 6/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You need to see a lawyer about a durable power of attorney.
    Answer Applies to: Georgia
    Replied: 6/22/2011
Click to View More Answers: