She has never signed a power of attorney, legally designating you as the person she wants to make decisions and transactions for her if she is incapacitated.
Is it too late? Is the only option an expensive trip to court to invoke a conservatorship?
Maybe not, says elder-law attorney Tim Takacs of Hendersonville. He stresses that, if possible, you avoid conservatorship, which is a legal right given to a person to be responsible for the assets and finances of a person who is incapacitated. A judge oversees decisions the conservator makes.
Takacs argues that just because there is a diagnosis of Alzheimer's or dementia, it doesn't mean the person can't sign a power of attorney.
"The law says there is a presumption of competency," Takacs said. "Merely because you have a diagnosis does not change the presumption. It doesn't matter if you have had Alzheimer's disease for eight years. You are still presumed to have full competency. Mental capacity is not an all or nothing thing."……
Avoid conservatorship; opt for power of attorney | jacksonsun.com |
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