Legal Question in Wills and Trusts in Colorado
Power of Attorney. How do you get one for someone who is still living (my mom) but unable to sign documents because of recent decreased mental status?
Asked on 6/02/10, 6:02 pm
1 Answer from Attorneys
Ronald Cappuccio
Ronald J. Cappuccio, J.D., LL.M.(Tax)
One of the requirements for executing a power of attorney, or for that matter any legal document, is you must have the mental capacity. Because your mom does not have the mental capacity, she cannot legitimately sign a new power of attorney or will. If her condition continues, you might have to go to court to obtain legal custodianship of her assets.
That is why it is so important to have updated estate planning, including a trust and durable power of attorney.
I hope this helps you!
Ron Cappuccio
www.SaveYourEstate.com
Answered on 6/03/10, 7:10 am
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