Q: If my dad is sedated to the point where he cannot add another POA, what can I do to help his current POA?
My dad is currently sedated and on a ventilator and unable to speak or communicate in any way. My mom is his current POA, however, I am wondering what you suggest for me to be able to legally be able to work alongside my mom to help her with his small business, rental properties, etc.
A: You can always work along side your mother to help her, if she wants your help. But she is the only one with legal authority, so if she doesn't want your help, there will be nothing you can do except, if you think she is not competent to handle his affairs, you could file an application for involuntary guardianship and apply to become his guardian. Cases like this are very fact-specific, so if you are willing and able to challenge your mother's authority (or convince her to stand down so you can apply), you'll need to interview an expert guardianship attorney to represent you. Guardianships are public, potentially embarrassing, inconvenient and always expensive, both now and every year in the future.
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