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.
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.