Legal Question in Wills and Trusts in Oregon
Getting a Power of Attorney for my Mothers Estate
My father passed away 2 1/2 years ago and left my mother with 100k life insurance policy which she has now spent to survive and pay her bills - she is 60 yrs old and is not employed. She is now living on lines of credit and equity from the family property which is on five acres with two dwellings on it, meaning it can be divided and sold separately. She has also inherited a manufactured home(mobile home) from a family friend who passed away a year ago. I am the oldest of four and am becoming increasingly concerned about my mothers future and her decision making. She is now receiving social security but its only about 900/mo. Basically, money just keeps going out with nothing coming in. She keeps saying she knows she has to sell because she has no money and a high overhead but it is just not happening. I, along with my siblings feel at this point she simply is not capable of making financial decisions for herself and her future. I guess my question is...can I file for Power of Attorney so I can make these very crucial decisions for her? If so, what would be involved, how do I go about this, how do I prove she is incapable etc...I live in Florida, she lives in Oregon, would this involve alot of court time? Thank you
1 Answer from Attorneys
Re: Getting a Power of Attorney for my Mothers Estate
A Power of Attorney is a document that is voluntarily given from one person to the other to allow that person (the "agent") to take financial actions for the other. You cannot get a Power of Attorney through the court system.
In order to be able to make financial decisions for your mother if she is unwilling to give you a Power of Attorney, you must file for and receive a "Conservatorship" over her. This does require the court system and can be expensive. It also requires that you be able to prove that your mother is financially incapable. Merely living beyond your means is not sufficient. Since you say that she recognizes that she needs to sell some property, it does not sound like she is financially incapable.
Perhaps one or two of you can come and visit your mother to assist her with making these difficult decisions. You could also help her formulate a budget and work with her to stay within it.
Our office assists families with these issues often and can help you or your mother in dealing with them.
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