Legal Question in Wills and Trusts in Pennsylvania

I live with my 69 year old mother. She is not paying her bills like she should. Can I get power of attorney to handle her finances?


Asked on 3/27/11, 2:51 pm

1 Answer from Attorneys

Is your mother mentally competent? Not paying her bills does not necessarily mean that your mother is incompetent. if your mother is competent, then talk to her about granting you a power of attorney, both for her health care and her finances. It is something which she grants; you cannot assume it if she does not agree.

If your mother is not mentally competent, then you need to apply to become the guardian of her person and/or property (a guardian of the person makes health care and related decisions; a guardian of the property manages the person's money and real property). In some states, this is called a conservatorship.

Although there are forms online, its best to meet with an attorney in the county/state wshere your mother resides since that is where a power of attorney or guardianship must be done. You will need an attorney specializing in elder care issues and she or he will need to meet with your mother in order to assess competency.

While you are at it, if your mother is mentally competent, she will need to havea living will or advance directive and a revocable living trust or will, depending on the types and amount of her assets.

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Answered on 3/27/11, 4:17 pm


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