How could I file for conservatorship or power of attorney? 24 Answers as of October 14, 2015

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 4 years?

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Law Office of Pamela Braynon | Pamela Y. Braynon
Actually because you are her only living relative, I suggest that you to speak get an attorney to gain guardianship over her to handle her affairs. Until then, most times vendors will allow for you to do so except for the really large items.
Answer Applies to: Florida
Replied: 10/14/2015
Ronald K. Nims LLC | Ronald K. Nims
A power of attorney or a conservatorship can only be done by a mentally competent adult. A power of attorney can be done by any mentally competent adult who wishes to have another person act on their behalf, it does require court approval and can be terminated at will. Both the principal (person granting the POA) and the attorney-in-fact will continue to have authority to do any act the principal can. A conservatorship is done by the court for a mentally competent but physically infirm adult. The adult asks the court to appoint a person who will take over their affairs. If the court approves, only the conservator will have the power to act on the ward's behalf, the ward won't be able to act themselves. The ward can terminate the conservatorship at any time. If the person is not mentally competent, then a guardian must be appointed by the court.
Answer Applies to: Ohio
Replied: 10/5/2015
S. Joseph Schramm | Joseph Schramm
If the doctors feel that she is mentally incapacitated as a result of her stroke she would be unable to execute a POA. In that case you would have to retain an attorney to petition the Orphans' Court of the Court of Common Pleas to appoint you guardian of both your mother's person and estate. This would enable you to handle her financial affairs, but you would have to keep good records and account to the court for all funds received and spent.
Answer Applies to: Pennsylvania
Replied: 9/30/2015
Stephens Gourley & Bywater | David A. Stephens
You would have to file for a conservatorship because she likely is not competent to sign a power of attorney.
Answer Applies to: Nevada
Replied: 9/30/2015
R. Steven Chambers PLLC | R. Steven Chambers PLLC
If she's really incapable of handling her own affairs she's incapable of signing a Power of Attorney, which leaves you with only the option of asking for a guardianship through the courts. As to how that is done there are a number of online forms available through the Utah courts' website. You need to complete the proper forms and take them to the court clerk and pay the required filing fee. You should consult with an attorney first to make sure your mother isn't so incapacitated that she can't sign a Power of Attorney, as that would be the quickest and easiest way. Good luck.
Answer Applies to: Utah
Replied: 9/30/2015
    Durham Jones & Pinegar | Erven Nelson
    If your mother is still mentally competent, you could have her sign a power of attorney. It sounds like she is not competent to sign a POA, however. You could petition for a guardianship over her, or a conservatorship.
    Answer Applies to: Nevada
    Replied: 9/30/2015
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    You should apply for a guardianship of her estate to handle her financial affairs but also of her person if she is incompetent and unable to care for herself. If she is legally competent, she can sign a power of attorney giving you these powers. If not competent, she cannot grant you power of attorney.
    Answer Applies to: Ohio
    Replied: 9/30/2015
    The Stutes Law Group, LLC
    The Stutes Law Group, LLC | Ronald E. Stutes
    If your mother has been rendered mentally incompetent by the stroke, she cannot grant a valid power of attorney. If she is in Louisiana, you will need to go to court to get her interdicted and have yourself appointed as her curator.
    Answer Applies to: Louisiana
    Replied: 9/30/2015
    Gates' Law, PLLC | Thomas E. Gates
    If her condition is such she cannot provide instructions for a POA, you will need to get a guardianship in place to handle her affairs.
    Answer Applies to: Washington
    Replied: 9/29/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Your mother must have legal capacity in order to sign a power of attorney. If she does not have legal capacity you will have to file for a conservator ship or guardianship. These are court proceedings. You should consult with an attorney.
    Answer Applies to: Illinois
    Replied: 9/29/2015
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    You cannot file for POA, your mother has to initiate the POA and she now lacks capacity, so she is unable to give you her POA. You will need to petition the court to become her conservator. A temporary conservatorship may be necessary until your general petition for conservatorship is heard by the court.
    Answer Applies to: California
    Replied: 9/29/2015
    The Gufford Law Firm, P.A.
    The Gufford Law Firm, P.A. | Joseph Gufford
    Probably a guardianship should be considered. A Durable POA could be done depending upon whether she is competent. This should be done by an attorney and the execution of the same should be video taped in case there are questions regarding her capacity to execute the same.
    Answer Applies to: Florida
    Replied: 9/29/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If there is no POA then you must petition a court for the conservatorship.
    Answer Applies to: California
    Replied: 9/29/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It is too late for a power of attorney. In Nevada we do not have conservatorships. We have guardianships. You can seek out the self-help center at family court or retain an attorney to assist you.
    Answer Applies to: Nevada
    Replied: 9/29/2015
    Law Offices of George H. Shers | George H. Shers
    If she has the mental capacity to understand what she is doing, she can give you the power of attorney. The court appoints conservators but does not issue powers of attorney. You should see an attorney who handles elder law to determine what is best to do.
    Answer Applies to: California
    Replied: 9/29/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    We do not recommend trying to have yourself appointed as conservator without a lawyer. Please see a lawyer who specializes in this area of law.
    Answer Applies to: California
    Replied: 9/29/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Only the person who is granting the power of attorney (in this case, your mother) can name the person who will handle her affairs. If she's not competent, any authority she grants will likely not be valid. If your mother is incapacitated now, you can file a petition with the local probate court to be named her temporary guardian and conservator. The guardian determines where the ward lives, what kind of medical treatment he or she receives, etc.. The conservator handles financial matters. If the damage from the stroke is permanent, you can petition to be named permanent guardian and conservator.
    Answer Applies to: Nebraska
    Replied: 9/29/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You can't "file for" POA. Power of attorney is granted by the principal to the agent. You can file for conservatorship; or, you could just help your mom, keep track of her bills and her income, fill out checks for her to sign (she can make her mark on the check). If you're her only child and the only one she wants to leave anything to, you could help her to create a living trust, with you as trustee. See a good estate planning attorney. The cost of some good planning will be well worth it.
    Answer Applies to: Oregon
    Replied: 9/29/2015
    The Law Office of Kimberly D. Moss
    The Law Office of Kimberly D. Moss | Kimberly Moss
    You need what is known as a guardianship filed on your mother's person and estate. This will allow you to declare your mother incapacitated, have an inquiry done by the court concerning her capacity and fitness to care for herself independently, and once approved, it will allow you to manage her personal and financial affairs. Please contact a knowledgeable guardianship attorney for a consultation as soon as you can.
    Answer Applies to: Texas
    Replied: 9/29/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 9/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should most probably go to the local probate court and seek a guardianship and conservatorship for your mother. The fact that she did not do it voluntarily well she was loosened means you must resort to a court order in order to gain the powers.
    Answer Applies to: Michigan
    Replied: 9/29/2015
    Danville Law Group | Scott Jordan
    Your only option is to file for conservatorship. Since you state your mother is incapacitated, she cannot legally sign a Power of Attorney at this time.
    Answer Applies to: California
    Replied: 9/29/2015
    Attorney At Law | James G. Maguire
    If she is physically able, have her sign a power of attorney in your favor.
    Answer Applies to: Louisiana
    Replied: 9/29/2015
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, one files for guardianship of the alleged disabled person in the Circuit Court. Doctor certifications regarding the incapacity/disability and a petition to the Court, among other things, will be required.
    Answer Applies to: Maryland
    Replied: 9/29/2015
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