who has power of attorney in the case that an elder relative becomes incapable with out leaving a clear power of attorney no living spouse and several adult children
1 Answer from Attorneys
Re: elder care
No one. Without a power of attorney, any interested party may apply to the court to establish a guardianship and appoint that party as guardian. Any, or all, other interested parties may oppose the guardianship or request that they be appointed guardian. Good reason for one to execute a power of attorney before one becomes incapacitated. Sometimes those guardianship battles can get very expensive and very unpleasant.
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