Legal Question in Wills and Trusts in Pennsylvania

Powers of attorney are only for mentally competent people. Your post raises questions as to the mental competency of the person since you indicate they are mentally unstable. If the person is unable to manage his/her financial affairs the next step if he/she does not already have a valid financial power of attorney in place is to pursue a guardianship (sometimes called a conservatorship in some states). There are potentially two guardians appointed - a guardian of the person and a guardian of the property. The guardian of the property or conservator is tasked with managing the incapacitated or incompetent's property - money, land or anything else, like taxes or legal affairs. A guardian of the person makes healthcare decisions for the incapacitated/incompetent person and assists them in caring for their personal needs - like food, clothing and shelter. The guardians can be the same person or different people.

I recommend that whoever wishes to be guardian consult with an elder care or health care law attorney who practices in the county/state where the incapacitated/incompetent person resides. In some states the hearing is before the clerk of court rather than a judge and it may not be necessary to get a lawyer but if there are family members who oppose the guardianship petition the person seeking to become a guardian will have better chances if counsel is retained.

To establish a guardianship, it must be shown that the person for whom the guardianship is sought is indeed incapable of managing his/her affairs. Medical evidence of incapacity or incompetency may be required.