QUESTION
Can I get a power of attorney for my parent?
Asked on Aug 18th, 2011 on Estate Planning - Georgia
More details to this question:
My mother is in critical care and is not able to sign a Power of Attorney. Can I sill get one to access her bank account to pay her bills?
5 ANSWERS
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
You would need to establish a guardianship. There are several types and we would be happy to discuss your options with you.
Answered on Aug 20th, 2011 at 2:01 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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No, if your mother can't sign you would need a conservatorship, which requires a court proceeding.
Answered on Aug 19th, 2011 at 12:37 PM
1 Award
Unfortunately if she can not sign a Power of Attorney, then you will need to goto court and petition to be named as the conservator of her estate (and potentially the conservator of her person as well). Once appointed, you can access the funds in the bank.
Answered on Aug 19th, 2011 at 11:32 AM
3 Awards
It is too late to obtain a power of attorney. You may pursue obtaining legal guardianship through the court system. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
Answered on Aug 19th, 2011 at 11:25 AM
Glen Edward Ashman
No. Powers of attorney can only be given while someone is competent. Since she chose not to give you one, the only thing you can do now is seek guardianship.
Answered on Aug 19th, 2011 at 11:16 AM