Shawnee, OK asked in Family Law and Elder Law for Oklahoma

Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.

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1 Lawyer Answer
Ilana Sharpe
Ilana Sharpe
  • Estate Planning Lawyer
  • Oklahoma City
  • Licensed in Oklahoma

A: I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you to make financial decisions if there was some qualifying event, like a doctor declaring the person incapable of making their own decisions. In terms of health care decisions this falls under what is call a health care power of attorney which is different than the financial power of attorney. If you have questions about specific rights under the powers you should contact an attorney. Good luck.

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