My mother just came out of a diabetic coma. she is incoherent. i have to take care of all her finances, but I need to retain power of attorney. Notaries would not notarize anything without her understanding what it is she is signing. I don’t know where to start and I’ve never done this before. Please help. thank you.
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You need a lawyer. It will take a court action to file for power of attorney in this case.
You don’t.
A power of attorney is valid only if it is granted by a person who knows what they are granting, and is competent to do so. Even if she had granted you the power of attorney when she was competent, it would no longer be legal.
What you need is to be appointed as her guardian or conservator. (Different States use different terms) In most States this is not a very complicated matter if she is clearly incompetent, but it’s not something I’d advise you to do without a lawyer if you’re not familiar with the law.
Richard
Go to the courthouse and file for power of attorney. You will have to prove you are her next of kin.
1. You can’t ‘retain’ anything you don’t already have.
2. You can’t OBTAIN a POA unless the principle (your mother) is legally competent, which she currently isn’t.
3. What you need is to be named her GUARDIAN. That requires a court ruling that she is not capable of handling her own affairs. If the situation is temporary, you may be better off talking to the creditors about waiting until she recovers.
Richard: A DURABLE Power of Attorney remains valid even if the grantor later becomes incompetent. There is even such a thing as a ’springing’ POA which BECOMES valid when the grantor becomes incompetent. This type of situation is one of the reasons POAs exist.
You cannot obtain a Power of Attorney if the person is not mentally competent to grant one. You would have to establish a conservatorship instead. See an attorney.
