What paperwork does my elderly mother need to protect herself?

Question

We are working on a Power of Attorney, a Will, and a Durable Designate for Health/Medical Care. Neither she or I can afford a lawyer so we are obtaining legal DIY forms for notorizing. Any other forms she needs that we don't know about? Is there something for guardianship/conservatorship or is that all covered in the 3 forms we already have? We need to get anything and everything in writing while she is still able so that when she is unable, her wishes will be in writing and legal and (hopefully) followed. Just making sure we have everything covered so that she and her future are protected as much as possible. She has no estate to speak of, other than clothing, some furniture, pictures (my brother conned her out of her home but she still lives there and has a document signed by him to be able to live there until her death). Declining health she needs help to stay at home or come live with me, don't want her in a "home" or brother disposing of what little he has left her. Thanks

Answer 1

The power of attorney will allow you to protect her few assets without court oversight. If she has very little, the POA with the Durable Care is all you need to take care of her. The Guardian/Conservator not needed, does costs $250 and up to file in court, and you have to report to the court periodically for review of what you are doing. Doesn't sound like you need the court oversight. The house is different, did mother sign a deed over to your brother? She should have reserved a Life Estate for herself in the deed. He can still deed back to her just a Life Estate in the house. What is the document that he signed allowing her to stay? If its not a deed with Life Estate AND recorded in the county recording office, then its not worth much - was it notarized? At best it would be a contract. If you think there will be trouble with him trying to get her out, go record the "document" in the recording office, it will be treated as a life estate by the courts, if it comes to that. Check out the self help web sites, for more info.

Answer 2

You are very kind and responsible to help your mother with these legal issues. If money is an issue, contact your local bar association for a referral to an attorney who will handle her documentation on a pro bono basis.

Trying to do it yourself will create a nightmare for you. Each state has its own way of doing things and a local attorney is in the best position to help you avoid the pitfalls of probate, excess taxation, etc.

Good luck!

Answer 3

See a lawyer for any legal advice. If your elderly mother cannot afford one, look in your phone book for a Legal Services agency in your area that provides legal assistance to low income, indigent or elderly people free of charge.