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He goes to a lawyer and files a petition for Guardian of the person and the estate. She cannot sign a POA. Her funds should be used to cover the legal fees.
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If she has Alzheimer's I think it may be to late. Check with solicitor. You may have to apply for her to be made a ward of court. I see Tesco Supermarket are selling DIY Power of Attorney kits now.
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A supermarket just sells the forms, and the kit instructions may not tell you that someone with dementia cannot sign. The last homemade POA that I saw was filled out wrong and did not convey any powers at all.
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I agree, too late for a POA. You need a lawyer at this point.
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This may depend on the stage of his mother's Alzheimer's. Has she been declared incompetent by any medical professionals? My mother did not have a medical POA in place that met the requirements of a facility she was in. The facility attorney said that she could sign as long as she had not been declared incompetent (sometimes this requires two physicians) and he was convinced that she understood what she was signing. I would check with an attorney.
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I had my mother declared incompetent. I'm in Wisconsin, and two doctors had to test her. In my case, this information was sent to Social Security. My mom also had Alzheimer's and when my dad died, my mom was eligible for his larger SS payment. I kept running into complications dealing with them because my mom was confused, so it was easier for me to be in charge by having her declared incompetent.
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