Nashville, TN asked in Family Law, Health Care Law and Probate for Tennessee

Q: How can a brother obtain power of attorney from a mother while the patient is unresponsive?

2 Lawyer Answers
T. Augustus Claus
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A: If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing, similar to a parent's authority over a child. Conservators handle the management of their assets and property.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Not Probate Court but Chancery Court in TN. As a relative you need to file a Petition for a Conservatorship. It costs money and time, but if you do not, that brother/attorney in fact will steal all mom's assets. As Conservator, revoke the POA, and ask for an accounting. Notary might get a claim on their Bond also.

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