Can we get POA for my mother without her approval?

1 answer | Last updated: Oct 15, 2016
Lisa lisa asked...

My mother lives on her own on a very limited income, but finds herself going negative in her checking account and getting behind in her bills about every six months. We then have to bail her out and the whole cycle begins again. She has an adequate amount to live on each month, but goes overboard on spending then does not have money to pay her bills. Is there any way we can get a power of attorney over her finances without her approval?

Expert Answers

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

By definition a Durable Power of Attorney occurs when someone chooses to appoint a particular person to be able to act on their behalf in regard to financial matters. If you believe your mother is not acting responsibly in regard to money matters, you should respectfully discuss this with her. If you are unable to help her come to some way to budget and pay her bills, the only thing you can do is to petition a court to be appointed as her conservator to be empowered by the court to manage her financial affairs. If she is of sound mind and resists this action, it will be difficult to achieve.