Legal Question in Wills and Trusts in North Carolina

When you say that you have a power of attorney for your mother, is this just for finances? or health care? If it includes health, what does it say about that? Generally, you cannot delegate or designate someone as health care agent unless the power of attorney would permit that.

If your power of attorney is only for finances, then your mother would need to execute a health care power of attorney. The problem is that she has Alzheimers. Is she early on? Or in a nursing home already and at a more advanced stage? If your mother is mentally competent to make decisions, then she can do a health care power. You can download a free one at http://www.nclifelinks.org along with a living will. I find the statutory forms to be confusing and I can draft this for a reasonable fee, but would need to speak with your mother.

If your mother is not mentally competent to make health care decisions and if your power of attorney does not address your mother's health issues, then your sister would have to be appointed as the guardian of your mother's person. In such case, your sister needs to contact the clerk of court in the county in which your mother resides and discuss guardianship with the clerk, Proceedings here vary by county and I do not know where your mother is located. It would be in your sister's best interest to consult with an elder care attorney about obtaining guardianship. If guardianship of the person is not going to be a contested issue, then it should not be too expensive.