Legal Question in Wills and Trusts in Pennsylvania

My Mom is 82 and is in grave health.I do have the Living Will/Durable Power Of Attorney for her signed in 2010,but not a financial one.I tried to pay her bills but the bank will not give access to account. She has been on a ventilator since 11/7/17 and been through five operations and cannot sign anything at this time.Which went from a 2-3 day hospital stay now will require a much longer stay in the ICU. Do I have any options as her only child living and she has no husband?


Asked on 12/06/17, 6:38 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

I'm sorry to hear about your mother's serious health issue. If she is able to communicate in any way, and it need not be by speaking, and she need not be able to physically sign a document, it is still possible for her to communicate her wishes to create a financial power of attorney and to direct someone to sign it on her behalf. If she is not able to do even this, it would be necessary for you to go to court and be appointed the conservator of her estate in order to access her finances and act on her behalf. Consult an estates lawyer in the county where she is to assist you in the documentation or the court procedure.

Best wishes for her recovery.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/06/17, 8:47 am


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