If I get my mother with Alzheimer's declared "incompetent," will I be able to sell her home?
The lawyer may be right that you have no authority to you’re your mother’s home and car if you have only been appointed an agent for her medical care.
But take a close look at the document that you have that’ you say is labeled a durable power of attorney. If it is a durable power of attorney for finances that meets the requirements of Nebraska law, it may well specify that you can sell your mother’s property on her behalf.
It is true that many powers of attorney specify that they go into effect only when a doctor, or sometimes two, declares that they are mentally incompetent. But that is not something that can be added after the fact.
If it isn’t clear from the face of the documents whether you have also been made an agent for her finances, it may be worthwhile to have a lawyer take a quick look at the documents you do hold. It is not clear whether the lawyer you mentioned actually gave them a looksee or is experienced in the area of elder law.
Finally, if you do not have the authority to deal with your mother’s finances, and she is not able to do it herself, your best option may be to secure an adult guardianship or conservatorship for her. As you mentioned, that would require a judge to declare that your mother is not capable of making such decisions on her own. And that can feel like a difficult step. But practically speaking, it is no different than having a doctor declare the same thing.
For more on the issue, see Caring.com’s Adult Guardian and Conservatorship section at www.caring.com/adult-guardianship.
So if the Durable Power of Attorney says I am her agent for her finances and doesn't have anything in there about going into affect only when a doctor claims her mentally incompetent. I don't have it in front of me but it did say something about when she is incompentent or incapacitated then I become the guardian. Does that sound right.
