How can I protect my mother's finances from her "friend?"

1 answer | Last updated: Oct 01, 2009
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Bill P asked...
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Caring.com User - Liza Hanks
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Liza Hanks is the founder and owner of FamilyWorks Estate Planning, a law firm with offices in Campbell and Los Altos, California, and...
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Liza Hanks said...

Based on what you've described, and the very real possibility of elder abuse, it would seem wise to pursue using that power of attorney to organize and protect your mother's See also:
How do I set up a conservatorship for my mother?

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finances.

You need to review that document to see how it defines incapacity: some documents go into effect upon signing, in which case you already have the authority to act on your mother's behalf.

Most, however, require a determination of incapacity, and will specify what that entails. Often, powers of attorney specify that two physicians must state that the principal is unable to manage his or her own affairs before the named agent will be authorized to act.

If you're not sure what the document requires, or it does not accomplish the goal of protecting your mother's best interests, consider consulting an experienced eldercare lawyer. Ask friends and family members for recommendations. Or you can begin your search at the website of your state bar.

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