Legal Question in Wills and Trusts in New Jersey

Re: how to instate power of attorney in NJ

Depending on the type of form used, the power of attorney may already give you the power to act as your mother's attorney in fact without being "activated".

The bigger question seems to be whether she needs a guardian to protect her if she indeed has the medical problems you mention. The power of attorney would not protect her from giving away her property or selling her house as you note.

Re: how to instate power of attorney in NJ

Look to the Power of Attorney itself. It may already be in force, if not, it may come into play upon the occurence of an event such as disability. The competence of your mother is a different question. You must make your determinations quickly if you are to help your mother. She obviously was aware of the need and importance of her having appointed you with her power of attorney.

Re: how to instate power of attorney in NJ

You do not state under what circumstancews the P/A arises as to your rights. Is it absolute, or only if your mother were incapacitated? This sounds like you may have to bring an incompetency action against yuur mother, if you truly believe she is acting irrationally. This would require that she be examined by 2 psychiatrists who determine she is not competent to handle her affairs herself. Without a court determination of incapacity, she is free to do whatever she wants, even if you are the holder of her P/A.