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Member Georgia Carry
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What steps do I need to take to get charge of the affairs of an elderly parent who is not capable anymore to handle business?
 

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Im not an expert but id say youll need power of attorney, if they refuse to consent to that, you can file in court for what i think is called durable power of attorney where the court appoints you over the individual and estate better be ready to prove their incapacity, I imagine the bar is high for that especially with resistance
 

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My mom, widowed, was reaching a point where her eyesight was failing, but was still ok mentally, initiated giving me power of attorney, adding me to bank accounts etc. I am so thankful it wasn't some contentious situation like some I've heard of. It made things so much easier when she had her stroke and instantly became unable to make decisions on her own. My brother kept wanting her to change her will to make me sole beneficiary to what he thought would protect his half of the inheritance from creditors, but when I realized that a) she didn't understand why and b) that it would likely be seen as fraud, I was able to pull the plug on that scheme.
 

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I'd suggest talking to an attorney. I think you have to have an attorney to get a power of attorney anyway. Do they have a will or even better a trust ?
 

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I have a set of docs in my safe that pretty much gives me full authority over my 81 year old mother. Durable POA, Medical POA, Will naming me as executor, and a doc signed granting me authority to have her declared incompetent at any time of my choosing. She is still all there and I have done nothing but keep the docs safe and updated. She lives with my sister in another state. Either one can call me and ask to invoke the incompetence clause and make me her guardian, but the decision is ultimately mine, plus I still have to convince a judge. I know her wishes as to extreme measures and even her final arrangements. We talked about this many years ago and I agreed to take on this responsibility.
 
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Sledgehammer
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Im not an expert but id say youll need power of attorney, if they refuse to consent to that, you can file in court for what i think is called durable power of attorney where the court appoints you over the individual and estate better be ready to prove their incapacity, I imagine the bar is high for that especially with resistance
The premise was that the parent is no longer capable. If the parent is not competent to handle business the parent is not (legally) competent to execute a power of attorney.
 

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"have to convince a judge", yes that means you need a lawyer, preferably one the judge likes.

I had to get a lawyer to help me with my dad who had bad dementia, but only in certain respects. He was bad on violent criminal things but was correct in that they would never put a 92 year old in small town Texas jail. Fortunately, I suppose, the DA would never prosecute the stabbings and shotgun events he committed. The sheriff did go after him for crashing into a deputy's car (no license to drive) resulting in a big fine.

Funny thing, my lawyer said he mostly represents the other side of my issue and he had doctors that would say anything he wanted so to be prepared for a long experience.

It was a long and painful and super expensive effort but had to be done. My lawyer is now a district judge, keeping the money flowing to his union.

My advice, never ever involve the state's help with their adult protection folks. That will add a year to your project. And if the one who is mentally deficient, or a 3rd party that is interested, gets a lawyer you are looking at close to two years and $200,000.
 

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The premise was that the parent is no longer capable. If the parent is not competent to handle business the parent is not (legally) competent to execute a power of attorney.
are you in the USCCA network, is that your firm
The premise was that the parent is no longer capable. If the parent is not competent to handle business the parent is not (legally) competent to execute a power of attorney.
aAre you in the USCCA network? is that your firm?
 

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YES
 
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