My mother is currently living in a nursing home in Massachusetts. She has periods of confusion but also has times when she's sharp as a tack. My sister and I would like to set her up as my mother's power of attorney to help her with day to day financial matters but don't know if we can do that because of her off again on again confusion. How would this work? Is it possible to have her execute the power of attorney on a 'good day' and hope for the best?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Editor's Response
Yes, it is possible. The key point is that your mother must be lucid and understand what she is signing at the time she executes the power of attorney. It may be helpful to have your mother chat with a MA estate planning or elder law attorney. If necessary, the attorney can also help you execute the document and make sure it is properly witnessed. She may also offer you an opinion about whether you and your sister and mother need to consider something other than a power of attorney, such as a guardianship of conservatorship. Hope that helps.
Executing a Power of Attorney and mental capacity
I agree with the Editor's comments. I also would add that if you can get an attending physician to be a witness, this could be a great help. Attorney Christine J. Benway.