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Power of Attorney for Parent

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What is the name of your state? Arizona

My 52 year old mother is on SS Disability and is not mentally capable of making informed decisions on all day-to-day matters, including monetary matters. She and I currently have a checking account that has me set up as Signor, so I can ensure her monthly bills are paid, and that she has enough each week to buy groceries and gas. I do not pay myself from this account, as my husband and I have our own checking account.

I would like to protect her from people who might try to take advantage of her or treat her poorly, including the medical program she is on.

Please advise if I should be set up as Power of Attorney or Conservator, so that I can call or sign on her behalf. We had an issue recently with her doctor's office repeatedly not returning her phone calls when she was feeling suicidal. All she needed was her medication adjusted to be fine. That's been resolved but I don't want to have her wait if I can help it by calling on her behalf.

Thank you,
 


I AM ALWAYS LIABLE

Senior Member
Deestoveesto said:
What is the name of your state? Arizona

My 52 year old mother is on SS Disability and is not mentally capable of making informed decisions on all day-to-day matters, including monetary matters. She and I currently have a checking account that has me set up as Signor, so I can ensure her monthly bills are paid, and that she has enough each week to buy groceries and gas. I do not pay myself from this account, as my husband and I have our own checking account.

I would like to protect her from people who might try to take advantage of her or treat her poorly, including the medical program she is on.

Please advise if I should be set up as Power of Attorney or Conservator, so that I can call or sign on her behalf. We had an issue recently with her doctor's office repeatedly not returning her phone calls when she was feeling suicidal. All she needed was her medication adjusted to be fine. That's been resolved but I don't want to have her wait if I can help it by calling on her behalf.

Thank you,

My response:

You may file to be a conservator in the Probate court. A conservator may be appointed for any person who is unable to manage his or her financial resources or properly provide for his or her personal needs (i.e., food, clothing and shelter).

Be aware, however, that as the conservator, your authority will only be to be able to discuss matters with third persons on her behalf, and to take care of the rest of her Estate while she's alive, as if your mother were able to do these things for herself. It WILL NOT protect any monies or property that belong to her that MediCare, or any other State agency, may wish to attach or place a lien against. Any transfers directly to you, or anyone else, within a certain time period, may be viewed as a fraudulent transfer, or transmutation, and could very well be reversed.

IAAL
 
Last edited:
Thank you for your reply. I'm not worried about her money, because there are no real assets. When she passes on, all her assets will be reclaimed by their lienholders (truck, mobile home), which is fine. I just wanted to protect her health.

Kathy
 

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