QUESTION
If my mother has dementia, can I assume responsibility for her health and financial affairs?
Asked on Jun 04th, 2021 on Guardianship and Conservatorship - Rhode Island
More details to this question:
My mother (92) has dementia and is in a nursing home in Illinois. Her brother (86) lives near her and has handled her affairs since she went in assisted living. several years ago. I live in Rhode Island. My uncle is now ill and has asked me to assume responsibility for mom's affairs , sent me her will and POA, and a notarized document relinquishing responsibility for her. However, the POA names my uncle and his daughter as 'agents' and a copy of mom's will list my uncle as 'executor'. I am an only child. I have been speaking regularly with the nursing home and making decision for my mother for the past few months. since my mother can no longer make legal decisions and my uncle (and his daughter) no longer want legal responsibility. Mom has a bank account but as the primary only she can add me as a signer. What must I do to legally manager her care and affairs?
1 ANSWER
2 Awards
If your uncle has resigned, his daughter, not you, becomes your mother's agent under the financial POA. You can only supercede that by being appointed guardian by a court.
In some states, the health and safety code allows health care providers to accept the word of an only child. In others, a guardian is required.
When you talk with an Illinois guardianship attorney about becoming guardian of your mother's finances, also ask whether it is necessary or advisable for you to become guardian of her person.
Answered on Jun 05th, 2021 at 5:11 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.