Legal Question in Family Law in Arkansas
Now that we have Power of Atty.
My brother & I have Power of Atty. over our mother who has the beginning of Alzeheimers. Some time ago our mother thought she was cosigning for a car for her great grandchildren's mother, but it turned out that she was the main person on the title. Now, she is 77 yrs. old & the mother of the greatgrandchildren is wanting to know if she would "co sign" for another car. My question is can our mother legally sign for her a car since we do have power of atty. or if she does con her into signing can we have it undone since this mother of the children does know the condition that our mother is in. Thank you for your time in this matter. Will be awaiting your answer.
2 Answers from Attorneys
Power of Attorney doesn't take away Rights
Your mother may be competent to manage her affairs despite Alzeheimers. Youindicate that she has the "beginning" of the disease. This may result in some mentalshortcomings but it probably does not render her incompetent. If she is competent,she can make her own decisions and you cannot have them undone. A power ofattorney allows you to act on your mother's behalf. It does not take away her ability toact on her behalf.
Now that we have Power of Atty.
While I'm licensed in Tennessee and not Arkansas, Alan Pransky's response seemed perfectly correct as far as it went.What you would need to do in Tennessee and most states now would be to go to court to have her declared incompetent to manager her own affairs so other relatives do not steal her blind.The court would then appoint someone to act as her guardian or conservator for her estate.Talk with a local lawyer.
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