Q: My 89 year old mother is in rehab after she was in Parma UH Geriatric Psyc Ward. Diagnosed with Dementia w/Psychosis.
What are my next steps I do not have financial POA. I have Medical POA
A:
You will need to hire an attorney and apply for guardianship over your mother's financial affairs in probate court.
You can make medical decisions for her now, since you are the Healthcare POA.
However, without either a guardianship or a financial POA, you won't be able to handle her financial affairs.
A: Unfortunately, with a diagnosis of dementia, your Mother, in all likelihood, will not be deemed competent to sign a Financial Power of Attorney. The only other way to handle her finances will be through a Guardianship in Probate Court. The Medical POA will allow you to talk to her doctor. I would suggest that you ask the doctor if he believes her to be competent to sign a Financial POA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
