Q&A: How does one become the power of attorney over a parent who is to ill to sign the papers…?

Question by 1%: How does one become the power of attorney over a parent who is to ill to sign the papers…?
My brother recently signed papers to become the power of attorney over my mother. Since my father (who is in very ill health) and mother are listed on all of their bank accounts, stocks, mutual funds, etc., he is unable to gain access to any of these accounts since my mother has “power” over my dad and my brother does not. Long story short, my mother was “ripped off” over a series of months by an in home care taker to the tune of at least $ 30 grand. My brother and I were tipped off by some things that my mom said and now the police and DA are pursuing this as a bona fide case of not just elderly abuse but also identity theft….my mother is not returning their phone calls or helping out much (probably embarrassment and having to show how much she was actually bilked for) and has been doing some strange things in regard to their bank accounts etc., and won’t be forthcoming with my brother (such as withdrawing a recent mutual fund that both my brother and mother recently set up without any explanation. My mother has a spending problem (hoarding/shopaholic)and our fear is that she is spending all of their savings…it’s astonishing how much is gone already. My dad should be in a nursing home but she insists it’s to expensive yet she has a full time in home care taker and she leaves every day all day long to go shopping or?? (This being how she was ripped off the first time….she would leave every day and so this person had full reign of their home.) My mom is 78 years old and is not in the best of health either. Thus, my brother wants to become “power of attorney” over my dad too but he is unable to sign anything and my mom keeps evading my brother’s request…she is afraid she will no longer have access to their money which is not the case….we just need it to be monitored before what little they have left is completely gone. It’s to the point now where the detective on the case sent a social worker to my parents home to “interview” my mom to see what was going on in terms of my father’s care and home environment. So, how does one become power of attorney over a parent in this type of situation….where the parent in question can’t sign anything and the other parent evades all requests to sign for that parent. Not sure if this is true or not, but I heard you can take a class to be certified??? Help!

Best answer:

Answer by BogeyFreeGolf
Go and speak to a lawyer, and you’ll have to take her to court to have conservatorship over your mom and dad.

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3 comments

  • James Watkin

    Unless your mother does not have the mental capacity to make decisions regarding your father and herself, there is little you can do. You would have to prove her unable to manage herself and him and their legal affairs in a court of law.

    Whoever told you that you can take a class to be certified is certifiably nuts.

  • mark

    You need more than power of attorney I believe. You need to remove your mother from all accounts and take over her assetts. That will require showing she is incapable of handling her affairs in court. A social worker may be able to advise on applying for Guardianship.

    Its best to consult a lawyer.

  • purplerose96

    Applying for Guardianship can be very difficult. You will need to contact your lawyer. This will all have to go before a Judge.