• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Power of Attorney

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

cokamo

Guest
I live in Tennessee and need to know if there is any way to obtain a Power of Attorney for my uncle who is in a nursing home and has rapid progressing dementia and requires 24 hour care. 3 weeks after he was admitted to the nursing home, my aunt passed away suddenly without a will. Since they did not have any children, and knowing how close I was to my aunt, my family asked me to handle her estate. I had no problems with becomming Administratrix but now I am at a loss as to what to do. When my aunt passed away that caused my uncle to become her heir and now because of this he has lost being 100% paid by his insurance at the nursing home and is now self pay. This is becomming very expensive. I was able to transfer her checking account into the estate account but the bank will not allow me to transfer her IRA because he is the beneficary nor can I deposit a life insurance draft to be sent off for collections. I do have a letter from my uncle's doctor stating that he is not able to handle his financial affairs nor is he able to handle his wife's estate. My lawyer is telling me to catch him on a good
day and get him to sign and get it notarized. I am getting tired of telling him that he can't even hold a spoon to feed himself much less a pen to write. A notary will not notarize a document without him being aware of what's going on around him. He has money that I can use to pay his nursing home and medical bills in the estate but not for long. He has money that is needed for taking care of his expences but I can't get it and he sure can't!! What can I do?!!!
 


Dandy Don

Senior Member
Talk to a family law attorney to find out how quickly you could be able to get a guardianship or conservatorship for this uncle, which would have more legal authority than a power of attorney.
 

nextwife

Senior Member
If he already has dementia, any POA he executes would be legally questionable, as he may not be considered of sound mind.
 
C

cokamo

Guest
Thank you for your advice. I have tried to discuss conservatorship with the attorney. He is still insisting on POA which I know can be questionable. I have decided to talk to a new attorney. Your advice of guardianship gives me some encouragement. Thank you so much for the response. I very much appreciate it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top