Whats the emergency procedure for obtaining durable power of attorney for finance or health care?
Ideally, your mother will have a revocable trust in place, so that you can assume the role of trustee when the time comes. If your mother hasn’t signed a durable power of attorney for finance and healthcare, allowing you to step in and help where necessary, now is the time to secure one. It’s important to understand that her inability to handle her day-to-day affairs doesn’t affect her ability to sign a revocable trust and will, or a durable power of attorney for healthcare and finance. In other words, even if she’s declining physically and mentally, that doesn’t mean she doesn’t have the legal capacity to sign documents allowing you more control over her health and financial decisions. Your mother may forget to take certain medication, but it’s likely she can still make decisions for herself. In general, the person signing these documents needs a basic understanding of what her assets are, who her family is, and whom she wants to inherit her property. The capacity to sign a power of a
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