Q: Elder law. Hello. my mother is 85 . how can I get control of her finances?
She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot drive because she failed the DMV eye test. she's hidden/lost her checkbooks and her debit cards and her keys. her apartment is filthy because she refuses help. it is unlivable due to mice, moldy walls, piles of furniture and unopened HSN boxes. Last year she gave her bank info to a stranger who phoned her. guardianship seems difficult would a POA or trustee be easier to obtain?
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A: If you believe she can understand what she is signing and wants to do so, she can sign a POA. If she does not understand or understands but does not want to, you will need to petition for guardianship. You should not try to do this without speaking with an attorney.
A: If you can get a POA then you can handle matters but so can she. A guardianship cuts off her ability to handle matters and is more sweeping. Up to you.
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