Q: An individual becomes incompetent can the executor of the estate perform financial matters?
Can the health poa also perform financial matters if someone is incompetent ?
A: If you are referring to a health surrogate form the answer is no.
A: You would need the person to have signed a durable power of attorney giving you financial decision making powers before they became incapacitated. A health care surrogate cannot make financial decisions. If you do not have a durable power of attorney and someone needs to make financial decisions beyond serving as the representative payee for social security, then you may need to consult with an attorney regarding how to become a guardian of property. This is a somewhat costly court proceeding, so it is only pursued as a last resort if there are important financial decisions to be made and there is no durable power of attorney.
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