Legal Question in Elder Law in Washington

Getting POA against Mother's Wishes

My mother in law and I live in the same state. She is quickly losing her mental abilties, and can no longer manage her health/finances without help. She refuses to move and live with her son and daughter in another state. She has made unfounded (imagined) accusations, and don't trust them. How can either her son or daughter get POA against her wishes? She owns property and has assets in the state where she and I live. Please advise. Thank you!


Asked on 10/06/07, 1:11 am

2 Answers from Attorneys

Merry Kogut Key Peninsula Law

Re: Getting POA against Mother's Wishes

Ms. Powell is correct.

If your mother in law lives in Pierce, Kitsap, Mason, or Thurston County, I can apply for a guardianship for her and explain everything to you.

I am out of state for a few days, but you can write to me at [email protected]

In the meantime, it sounds to me as though your mother in law is in at least the early stages of dementia. Someone needs to go to a doctor with her - a doctor who is familiar with Alzheimers and other types of dementia. Don't wait - there are drugs available now that can slow down the effects of dementia.

Depending on the situation, a court can appoint a family member, friend, or professional guardian to help with both personal and financial issues.

I'd be happy to call you if you provide a phone number, or we can communicate by email.

Merry Kogut

[email protected]

www.keypeninsulalaw.com

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Answered on 10/06/07, 10:50 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Getting POA against Mother's Wishes

You cannot effectively ask a person whose competency you question to sign a durable power of attorney. It is too late. If she cannot care for herself, a guardianship might be the only solution.

Best thing to do is to talk to Margaret Dore in Seattle. Her practice is focussed on elder law, and she can help you. You can look her up at margaretdore.com.

If your mother in law is at risk, please contact Adult Protective Services. This is similar to Child Protective Services, and contact information is on line. They can check on your mother in law and determine whether she is safe on her own right now, or not.

Please call Ms. Dore for further explanation. Hope this helps. Elizabeth Powell

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Answered on 10/06/07, 1:43 am


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