Kansas Elder Legal Questions

A POA expires with the person.  Hopefully your mother named you and your sisters co-executors in your Will. Because your description is cut off after "had my mom do a test at a clinic to see if she," it is not clear whether you are asking whether your mother had legal capacity to do the things to which you apparently object but may have suffered undue influence or lacked capacity to do them with or without undue influence.... Read More

Contact a local estate planning attorney about a Marital Property Agreement (in some states called a Marital Separation Agreement).  Keep in mind that your husband must agree.  Like the inheritance, the money is his.  This is different from an IRA, which is deemed to be that of both spouses.... Read More

The agent under either a Durable Power of Attorney or a Medical Power of Attorney does not have the authority to make this decision.  Authority to share medical information is granted by someone (in this instance, your mother) by signing a HIPAA Medical Information Release stating who may disclose medical information, any limitations on what may be disclosed, and to whom it may be disclosed.  Sometimes this is a separate document.  Sometimes it is incorporated in the Medical Power of Attorney. Please keep in mind that nusring homes typically designate one family member as the point of contact.  This is designed to assure that one party has all the information and can share it with others rather than each person having a piece of the picture (recall the story of the blind men and the elephant).  ... Read More