How can I file for conservatorship or power of attorney? 5 Answers as of May 24, 2011

My mother recently had a stroke leaving her incapable of handling her personal financial affairs. She has never done any kind of POA or anything of the sort. Should I file for POA and/or conservatorship I am her only child and blood relative I also have lived with her for past 4years?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
If she had a stroke, she may an appropriate candidate for a Guardianship to be ordered by a court which would give you the same powers as a Power of Attorney with the power of the Court behind it. Speak to an Estate and Trusts attorney about the matter. Good luck.
Answer Applies to: New York
Replied: 5/24/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
It doesn't matter of you are her only relative and have lived with her, it is her assets which need management and payment of her obligations. If she is incapable of handling her affairs, you would need either a Power Of Attorney (which she would have to be competent to sign at this time) or file for a conservatorship with the Court.
Answer Applies to: California
Replied: 5/24/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
I am sorry to hear about your mother. In circumstances where there has been no planning for incapacity, like preparing a Power of Attorney and/or Health Care Proxy, a Guardianship may be necessary to ensure that you can make decisions for the incapacitated adult. Conservatorship and Powers of Attorney can only be entered into if the Ward has the ability to make their own decisions, but chooses to relinquish that power. If your parent is incapacitated, meaning they cannot make decisions about their health, welfare, finances or safety, you should petition the appropriate court for Guardianship.
Answer Applies to: New Hampshire
Replied: 5/24/2011
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