We want to get power of attorney for my wifes mother margaret 72,so that we can put her in assisted living facility. Margaret is in hospital...

Question

We want to get power of attorney for my wifes mother margaret 72,so that we can put her in assisted living facility. Margaret is in hospital where doctor without are consent,forced her to take comptence test psychologcal.hospital declared margaret medically incompetent. What options do we have.

Answer

Unfortunately, once anyone has become legally incompetent, it is improper for them to sign any important legal documents such as a power of attorney. Instead, this needs to be done while they still possess a certain level of their mental faculties. You should immediately consult with an experienced estate planning attorney in order to determine if this is still possible. Otherwise, there is no way to take charge of the affairs of the incompetent other than a formal guardianship through the probate court. You attorney can likewise assist you with this process, but it is far more cumbersome and expensive than the power of attorney would have been, since the Probate Court is required to formally approve every decision. Serious estate planning is often no longer possible or practical at that point. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications or to make arrangements to retain me. Otherwise, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www./answers/search/attorney/jknixon. Answers may contain attorney advertising materials.