Legal Question in Family Law in Maryland

I have durable power of attorney for my elderly mother. She is in the early stages of dementia, but was aware of what she had signed. My sister is now upset and wants power of attorney also, however my mother does not want this. I am afraid she will have my mother sign without her understanding or explaining to her what she is signing. How do I prevent this?


Asked on 9/01/10, 4:28 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

I strongly recommend that you find an "elder law" attorney in Maryland to assist you. This is not the appropriate forum to receive this type of specific advice. At the very least, an attorney would need to see the language of the durable power of attorney your mother signed.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/06/10, 4:37 am
Robert Sher Wagshal and Sher

You should consult with your mother's physician for an opinion as to whether her dementia has sufficiently progressed as to make her legally incapable of overriding your POA. If you can get a written report on this, it will provide you with some basis for contesting any document that your sister gets your mother to sign.

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Answered on 9/10/10, 6:56 am


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