Legal Question in Wills and Trusts in Tennessee

How much authority does power of attorney have

Was given durable POA by my mother in March of 2006. Although mother had her moments of confusion(92 years old)her lawyer of 30 years felt she was compentent to make her own decisions. Approx. 2 weeks after giving me POA Mother passed out at a funeral and was admitted to a hospital.Her mental capacity has never been the same, she was staying in an agiatated state and very hard to control. doctors found drugs to keep her calm but she stays very confused. She has been living with me since her release. She has been dianosge by her doctors with dimenta and the onset of alzemers I am the only survioring son with 5 sisters and get no help from them.Sisters have been giving me a very hard time and have threaten to take me to court to get POA because i think we need to sell her home (put money in a trust)and put our mother in a assisted living community. Question: how much power to i have and can they take POA away from me?


Asked on 5/09/06, 12:05 am

2 Answers from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: How much authority does power of attorney have

You have whatever powever granted to you in the POA. The POA may be revoked if it's determined by a court that at the time the POA was executed your mother did not have the mental capacity to execute the document. I would consult an attorney to give you legal guidance.

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Answered on 5/09/06, 8:42 pm
Marshall Snyder Law Office Of Marshall Snyder

Re: How much authority does power of attorney have

There are two types of Durable Powers of Attorney - Durable Power of Attorney for Financial Affairs and Durable Power of Attorney for Health Care. Your message does not indicate which Durable Power of Attorney your mother has given you. If there is dischord in the family, it would probably be best to petition the court to have a conservatorship set up over your mother. Most assisted living facilities and nursing homes will insist that a conservatorship be set up if there are arguments in the family.

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Answered on 7/05/06, 12:44 am


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