Can you transfer power of attorney for Alzheimer's patient in late stages? My mom lives in New Jersey. Her stepson presently has power of attorney and he wants to transfer it to me, her blood son. Mom has late stage Alzheimer's. Can this be done?
Expert Answer by Barbara Kate Repa
Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of WillMaker, software enabling consumers to write their own wills, health care directives, powers of attorney, and final arrangements.
Unfortunately, if your mother lacks the capacity to give her legal consent to the change, it is probably too late to take this action. Your only option may be to secure an adult guardianship or conservatorship for her, asking a court to appoint you as her conservator.
You may want to hire an attorney to help with this transaction. You can find out more by contacting the local probate court.
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