Newington, CT asked in Estate Planning, Family Law, Elder Law and Probate for Connecticut

Q: If I am my mother's Health Care Ageny, Attorney-in-fact for health care decisions and conservator for future incapacity

do I also need POA now that she is 91 and failing? Mom lives with me, but too ill to keep at home much longer.

1 Lawyer Answer
Nicole M. Camporeale
Nicole M. Camporeale
  • Estate Planning Lawyer
  • Newtown, CT
  • Licensed in Connecticut

A: This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for financial decisions, then yes, you would need this document in order to manage her finances and do any financial planning that she may need, especially as she may move to a nursing home setting (if that's what you are alluding to).

if mom no longer has the capacity to execute a Power of Attorney instrument at this time, you would need to apply to be appointed as conservator of her estate with the local probate court. I would suggest consulting with an attorney, as you may need assistance or at least a some guidance moving forward. Good luck!

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