Dallas, TX asked in Family Law for Kansas

Q: How can I get legal aid for my mother while she's. still in hospital since July 2 to handle her financial affairs???

I want handle my mother's financial affairs like paying rent & utilities

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Lawrence, KS
  • Licensed in Kansas

A: A person who is competent and can communicate can appoint another person to serve as his or her Attorney in Fact using a Durable Power of Attorney. The Durable Power of Attorney could be prepared by an attorney to be effective immediately or to spring into effect at a future point in time (e.g., upon the occurrence of disability). The springing power of attorney might require a doctor's opinion letter to establish the existence of a disability. Once effective, the Attorney in Fact would have the power to conduct business to the extent provided for by the written document.

If a person is in the hospital and unable to communicate or is not competent and no durable power of attorney exists, it would be necessary to file a petition in probate court for the establishment of a conservatorship and requesting the appointment of a conservator.

You should seek the assistance of legal counsel. A durable power of attorney requires some skill to draft and it would be easy to make a serious error using a form. If a conservatorship is necessary, the process is complex enough to require professional assistance.

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