Legal Question in Elder Law in Alabama

Its often that a child handles the financial responsibilities of a parent if necessary. You need to see a lawyer in your area. If your Mother is still competent, possibly a Durable Power of Attorney could be drawn up with you, a sibling or another relative as the primary attorney-in-fact. That may well be sufficient. If a Conservatorship is required, this is done through the Court. A Conservatorship has oversight by the Court and is significantly more burdensome than an effective DPOA.

Ron is absolutely correct. I might add that an effective trust agreement, appointing you as the trustee, would also serve as a better alternative to a conservatorship. The benefit of a trust is that your role as the trustee is less likely to be challenged than your role as Agent under a DPOA. While Powers of Attorney are the best option in your case, with the bank mergers going on and oversight of other financial providers, many are taking the attitude that if your Power of Attorney is "not on their form", they won't acknowledge it. A trust would avoid this pitfall.

William G. Nolan

www.NolanElderLaw.com