Legal Question in Elder Law in Nebraska

elder care

who has power of attorney in the case that an elder relative becomes incapable with out leaving a clear power of attorney no living spouse and several adult children


Asked on 7/05/07, 10:06 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: elder care

No one. Without a power of attorney, any interested party may apply to the court to establish a guardianship and appoint that party as guardian. Any, or all, other interested parties may oppose the guardianship or request that they be appointed guardian. Good reason for one to execute a power of attorney before one becomes incapacitated. Sometimes those guardianship battles can get very expensive and very unpleasant.

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Answered on 7/06/07, 12:24 am


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