Legal Question in Elder Law in Alabama

Mom (76) has dementia. She is making bad financial decisions. She is not capable of taking care of her finances and my sister is taking advantage of this. Mom doesn't think that she has any problem being responsible for her finances. I have a legal Durable POA. How can I get her off of her accounts in a way that they stay in her name, but she cannot make decisions on how the monies are used? If I stop her debit card, she gets another one for herself. I got to save what is left of her monies in her accounts before my sister robs her of everything. I understand the Durable POA allows me to do things in her name/best interest, but how can I stop her from being able to make decisions without my approval?


Asked on 12/22/16, 6:22 pm

2 Answers from Attorneys
Kyla Kelim Aging in Alabama

You can't. A durable power of attorney works well if the principal (your mother) is not combative, in this sense she is in that she will not permit you to take over her finances. Under these circumstances, you would need to go to court to open a conservatorship formally. You will need medical evidence that your mother is not competent to make financial decisions. Good luck.

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Answered on 12/22/16, 6:29 pm
Ronald Holtsford Ronald A. Holtsford, LLC

I totally agree with Mrs. Kelim. If the DPOA allows would a new account help at all keeping your sister away or would it possibly be agreeable with your Mom to have an account that requires two signatures? Otherwise a conservatorship is probably the only choice based on the criteria given by Mrs. Kelim.

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Answered on 12/22/16, 8:05 pm


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