Salt Lake City, UT asked in Estate Planning for Utah

Q: Power of Attorney Question about an Elderly Person.

My mother is in an assisted living center and I put her there because she is not able to function at home. Her husband has health and mental issues and threatens to leave, so I had no choice but to move her because she cannot be there by herself.

But he got his own Lawyer and they are trying to get my Mom to Sign over Power of Attorney to him plus changing the Estate into his name

which right now its all in my name and I have been taking care of her for years. She also has short time memory issues... Is this Legal?

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: There is nothing illegal about it, unless your mom has truly lost her capacity. The fact that it is her legal husband that is doing this will probably hold more weight as well.

If you want to stop this, you will need to file for a guardianship or conservatorship with the Court so that no one else will have the power over her or her estate.

I hope this helps.

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